Fonseca, Rodríguez, Perchemlian & Martínez Abogados

Fonseca, Rodríguez, Perchemlian & Martínez is a legal boutique firm in Mexico focused on assisting and representing clients inlitigation, arbitration and other alternative dispute resolution procedures.

The Firm's partners have substantive international and domestic experience working both in international law firms and as in-house counsel of global corporations. This background allows them not only working with Mexican clients, but also collaborating with law firms and clients from different countries and cultures with great ease and with a clear understanding of business and a solid legal background.

To achieve the client's objectives it's the Firm practice to listen carefully to what they are looking for and then, together, develop the solution that best suits their interests. To this end, the Firm builds a close working relationship with their clients as this is how the best results are achieved.

It is also part of the Firm philosophy to advise clients on preventing conflicts, but at the same time being always prepared to win if a dispute escalates to arbitration or litigation.

It is the Firm's conviction to adhere to the highest ethical values and professional standards. These values permeate to all aspects of the practice of law by the Firm's attorneys.

Arbitration and ADR

The Firm has extensive experience in arbitration and other methods of alternative dispute resolution.

The Firm's attorneys have been actively counseling parties to arbitration proceedings seated in Mexico City, New York, Panama, Miami, Los Angeles, etc. under the rules of the major international and local arbitration institutions, including ICC, ICDR - AAA, LCIA, JAMS, CPA, CANACO and CAM.

The various industries to which the Firm's clients belong are: construction, real estate, transportation, health and pharmaceuticals, hospitality, finance, energy, mining, fast food, telecoms, entertainment, software and IT, among others.

The Firm has advised clients in the use of Dispute Boards and has represented them in proceedings before same in the context of large infrastructure and construction projects.

By knowing arbitration and other ADR from different perspectives, the Firm's attorneys have developed skills to identify the important issues and how to raise each case in order to obtain a favorable outcome, always ensuring that the costs are reasonable for the clients.

Civil and Commercial Litigation

The Firm's attorneys are litigators at their core and represent clients in all types of business disputes before civil and commercial courts at the local and federal level in Mexico.

The Firm's participation ranges from counseling clients on how to be better prepared to enforce their rights prior to litigation, to strongly litigate and defend their interests in court. The Firm has obtained favorable judgments in matters that have set relevant precedents in the country and has successfully argued cases before the Supreme Court of Justice.

The Firm's attorneys have acted as experts on Mexican law in foreign proceedings and are experienced in international judicial cooperation matters, having, among others, enforced foreign judgments and took depositions in Mexico for matters being tried overseas.

The Firm has also obtained interim relief from Mexican federal and state courts in commercial disputes and in aid of arbitration in matters involving power plants’ turnkey projects, breach of distribution agreements, lease of aircrafts, shareholders’ conflicts, insurance and reinsurance claims, indenture and trust related conflicts, debt collection, joint venture, bankruptcy proceedings, among others.

Bankruptcy

The Firm has represented sophisticated clients in the largest and most complex bankruptcy proceedings in Mexico. The Firm has successfully negotiated pre-packed filings and applied for DIP financing and litigated all type of procedural issues in the context of bankruptcy procedures in Mexico. The Firm has also acted in cross-border bankruptcy matters, and participated in ad-hoc bondholders’ committees in representation of both Indenture Trustees and Controlling Parties.

Administrative Litigation

The Firm focuses on defending the clients’ interests against State actions that infringe their rights, such as public contract administrative rescissions and terminations, seizes, fines, penalties, and closures, among others.

The Firm's intervention involves designing legal strategies for the clients and appearing on their behalf in legal proceedings before the Administrative bodies that issue the decisions that hinder the operations of the clients, as well as before the courts of all levels that review the States’ actions. In this regard, the Firm prioritize pragmatic legal solutions that enable the clients to resume their normal operations in the shortest time possible.

Constitutional Litigation

The amparo proceeding is a key feature of Mexican proceedings. It is a constitutional remedy aimed at protecting fundamental rights through by overturning a judgment, setting aside governmental acts or challenging a piece of law.

Most cases in Mexico end with an amparo or have one along their way. However, its technicalities and complexity demands knowledge and skills not all attorneys can muster.

The Firm's attorneys are proud of being experts at this type of proceeding and regularly use it as part of the legal strategies the Firm develop for its clients.