Editorial: Commercial Arbitration in Argentina
Commercial arbitration is becoming established in Argentina as a popular method for resolving a range of disputes, and particularly in relation to major investment disputes involving foreign companies.
Several individuals based in Argentina have gained international reputations as both counsel and neutral in this area.
Guido Santiago Tawil heads the arbitration department M & M Bomchil and is regarded as "absolutely first rate" by our sources, who hold him in "very high regard". He stands out for his work before the International Centre for Settlement of Investment Disputes (ICSID), and has represented clients from the gas, electricity, telecommunications, water and sewage services, and hardware sectors. Tawil was noted for his participation in International Chamber of Commerce (ICC) and London Court of International Arbitration (LCIA) proceedings. He has experience as chair, co-arbitrator, counsel and independent expert on behalf of clients including the Argentine Republic, former state-owned companies, foreign governments and private companies at home and abroad. He is also senior vice-chair of the IBA's arbitration committee, and he "has a real understanding of what is needed from an international business perspective".
Fernando Aguilar is a former head of Marval O'Farrell & Mairal's arbitration group and "particularly skilled" in this area. He remains of counsel to the firm and acts as an independent arbitrator. Recognised by sources around the world, he has a "formidable reputation for quality". A founder member of the ICC Latin American arbitration croup, he assisted in the drafting of the arbitration rules of the Argentine Chamber of Commerce's arbitration and mediation centre (CEMARC).
Independent arbitrator Gustavo Parodi also formerly practised at Marval O'Farrell & Mairal, and he is similarly well regarded for his work in this field. He has provided advice on arbitrations under ICC, UNCITRAL and Buenos Aires Stock Exchange Arbitral Tribunal rules and is a member of the ICC Latin American group. He "really knows his stuff", in the words of one of his peers.
The "very active" Sergio Le Pera of Le Pera & Lessa also stands out. A member of the ICC International Court of Arbitration, he possesses a "first-rate intellect" and received votes from sources both at home and across Latin America, the US and Europe.
The "profoundly eminent" Emilio Cárdenas, founder member of Emilio Cárdenas Abogados, is recognised internationally as a former president of the IBA and as ambassador and permanent representative to the United Nations. His political knowledge is "second to none", and he is highly sought after for his arbitration expertise.
Jose Martinez de Hoz Jr is one of the founding partners of Pérez Alati, Grondona, Benites, Arntsen & Martinez de Hoz (Jr) and directs its arbitration department. He stands out as "one of the country's pre-eminent experts in ICSID arbitrations", as well as in ICC and other types of arbitration. He is also recognised for his "thorough and incredibly detailed knowledge" of the energy sector.
Allende & Brea is represented by Osvaldo Marzorati. He is "very well known in this field" as both counsel and arbitrator, in ICC disputes and under UNCITRAL rules in particular. In addition, his writing in this area was repeatedly said to be "of the highest quality".
Raul Emilio Vinuesa of Vinuesa & Asociados is "highly experienced" and well regarded for his work on behalf of the government. He is a judge ad hoc in the dispute regarding the Pulp Mills on the River Uruguay before the United Nation's International Court of Justice.
Julio César Rivera is managing partner of the firm that bears his name, Julio César Rivera Abogados, and is a "quite brilliant lawyer". He was praised for his work as counsel and neutral.
At Abeledo Gottheil Abogados SC, Luis Erize is "internationally renowned" for his work in this field. His track record includes ICC and ICSID arbitrations, and he is particularly well known for his work in relation to the energy and oil and gas sectors.
Roque Caivano was praised for his "academic brilliance", and is another to be picked out for his writing as well as his legal skills; the book Negociacíon y Mediacíon, which he co-authored, came in for high praise.
Guillermo Walter Klein is now of counsel at Klein & Franco, and is "highly active in this field", particularly in ICC and UNCITRAL disputes. Consistently recommended by our sources, he is an "effective and impressive figure".
Hector Alegria, founding partner of Estudio Alegria Buey Fernandez Fissore Montemerlo, has a strong profile in this area. He is a member of the Conciliation and Arbitration Centre of the Argentinian - Brazilian Chamber of Commerce of São Paulo, and has been a member of various ad hoc and permanent tribunals.
Estudio Beccar Varela is the only firm with two representatives in this chapter: Emilio Vogelius and Rafael Marcelo Lobos. The firm is known for its ICC work both in Argentina and abroad, and is viewed as "absolutely first class" in this area.
Pablo Richards appears from Richards Cardinal Tutzer Zabala & Zaefferer and was commended as an "excellent counsel", and for his expertise as neutral and expert witness.