Salvador Fonseca

Practice Areas

Salvador has participated in international and local arbitrations under the rules of (or administered by) UNCITRAL, ICC, ICDR, AAA, LCIA, PCA, ICSID, IACAC, National Chamber of Commerce of Mexico City (CANACO) and Arbitration Center of Mexico (CAM).

He is an expert in Dispute Boards and other ADR procedures.

He has litigated precedent-setting matters in Mexico and cases before the Mexican Supreme Court.

Professional Memberships

• Member of the Latin American Construction Law Association and Chair of its Arbitration Committee.

• International Centre for Dispute Resolution (ICDR), Mexican Advisory Committee, Chair.

• Member of the ICDR Panel of Arbitrators.

• International Chamber of Commerce (ICC) Mexico, Arbitration Commission and former Member of its National Nomination Commission.

• Member of the ICC Arbitration and ADR Commission.

• International Arbitrator, Chamber of Commerce of Lima.

• International Arbitrator, Chambers of Commerce of Bogota, Cali and Medellin.

• International Arbitrator, Chamber of Commerce of Costa Rica.

• Included in the list of arbitrators of other arbitral institutions in Latin America.

Publications

• Author, "The Separability of the Arbitral Clause and the Competence of the Arbitral Tribunal un Mexico". Arbitration in Mexico, Wolters Kluwer International (2023 - publication pending).

• Co-author, “Commercial Bankruptcies in Mexico During Times of COVID-19”. Holland & Knight, May 8, 2020.

• Co-author, “Arbitration and Alternative Mechanisms as Dispute Resolution Tools During COVID-19”. Holland & Knight, May 6, 2020.

• Co-author, “Is López Obrador Eroding Mexico’s Business Climate?”. Latin America Advisor - Inter-American Dialogue, May 6, 2020.

• Co-author, “Judge Grants Suspension Due to Absence of Fiscal Regulations Amid COVID-19 Pandemic in Mexico”. Holland & Knight, April 10, 2020.

• Co-author, “Mexico’s Supreme Court Issues Jurisprudence on Appropriateness of Amparo Indirecto”. Holland & Knight, January 7, 2020.

• Co-author, “What President Andrés Manuel López Obrador’s Election Means to Business in Mexico”. Holland & Knight, July 2018.

• Co-author, “The Supreme Court of Justice of Mexico Clarifies the Limits of Powers of Attorney”. Holland & Knight, July 2018.

• Author, “The selection of the arbitrator in construction disputes”. Arbitration and Mediation Centre of the Brazil-Canada Chamber of Commerce. October 2016.

• Co-author, “International Arbitration Checklist (3rd Edition)”. Baker & McKenzie. 2015.

• Co-author, “International Arbitration Yearbook”. Baker & McKenzie. April 2014.

• Co-author, “Procedural Aspects of the Financial Reform” ICD. March 2014.

• Co-author, “The New Amparo Law – Back to School”. Puntos Finos (a Thomson Reuters publication). May 2013.

• Co-author, “International Arbitration Yearbook”. Baker & McKenzie. April 2013.

• Author, “Arbitrations in the freezer — Are the arbitrators expected to be there for the parties just like Penelope?,” Kluwer Arbitration Blog, September 2011.

• Co-author, “Green Light for wide-ranging class action regulation, ”International Law Office (ILO), July 2011.

• Co-author, “Treatment of Bond Debt and Intercompany Claims under Mexican Bankruptcy Law,” Pratt’s Journal of Bankruptcy Law, July 2011.

• Co-author, “Commercial oral proceedings promise greater flexibility, ”International Law Office (ILO), April 5, 2011.

• Co-author, “El Acuerdo Arbitral (Arbitral Law Treatise),” Collection of Studies Pontificia Universidad Javeriana, Instituto Peruano de Arbitraje and Grupo Editorial Ibañez, March 2011.

• Author, “The joinder of third parties to the arbitration - Comments to the revision of the UNCITRAL Arbitration Rules,” Spain Arbitration Review, Issue 9, 2010.

• Author, “Constitutional amendment allows class actions,” International Law Office, October 12, 2010.

• Co-author, Encyclopedic Dictionary of Commercial Arbitration, Themis, June 2010.

• Co-author, “Civil procedure reform in Mexico City - a positive start,” International Law Office, May 25, 2010.

• Author, “MEXICO: Expanded access to arbitration in Mexico,” Global Arbitration Review Journal, September 9, 2009.

• Author, “Commentary on the Convention Between Mexico and Spain Regarding the Recognition and Enforcement of Judgments and Arbitral Awards,” Spain Arbitration Review, March 2008.

• Author, “Dispute Resolution Clauses in PFI Contracts,” CANACO Arbitration Bulletin, September 2007.

• Author, “Mexico: Courts Take Pro-Arbitration Stance,” Global Arbitration Review, 2007.

• Co-author, “Arbitration in Mexico,” Arbitration of the Americas 2007, November 2006.

• Author, “The Deliberative Sessions of the Collegiate Circuit Courts Should be Public,” Legal Certainty: Diagnosis and Proposals, Mexican Bar Association, Themis, 2006.

• Author, “Requirements of an Appeal to be Admitted in Mexico,” The Search of a Constitutional Theory, Mexican Bar Association, Themis, 2005.

Languages Spoken

Spanish and English

Work Highlights

• Lead counsel to a global port operations company in a $300 plus million USD construction arbitration regarding a port in the Mexican Pacific contracted under the FIDIC Yellow Book (ICC, English, New York).

• Lead arbitration counsel to a global pharmaceutical company in a dispute regarding indemnities for breaches to warranties and representations and undisclosed liabilities derived from the purchase of a group of companies in diverse countries in Latin America (ICC, English, New York).

• Co-lead counsel and later lead counsel to a Mexican public corporation in one of the largest international construction arbitrations in Latin America involving claims in excess of US$1 billion related to an oil and gas project in Mexico (revamping of a refinery, construction of pipelines, etc), and in subsequent setting aside proceedings pending before Mexican Courts and the Supreme Court of Justice in Mexico (ICC, Spanish, Mexico).

• Lead counsel to a large construction company regarding a multimillion dispute regarding the construction of a power plant (ICC, Spanish, Mexico).

• Represented a French company in an investment arbitration against Mexico regarding certain violations to the Mexico-France BIT in connection with its participation in a satellite concession in Mexico (CIADI, Additional Facility).

• Lead counsel to a major hospitality company in arbitration regarding a contractual dispute concerning the split of a group of hotels and the rights to a timeshare club. The case settled favorably to the client in mediation (ICDR, Spanish, Mexico).

• Lead counsel to an important regional construction company in arbitration administered by the ICDR regarding an infrastructure project in Central America (IACAC, Spanish, Panama).

• Lead Counsel to a global software and technology company in an arbitration related to the implementation of an ERP software (CANACO, English, Mexico).

• Lead counsel for a global hotel chain in an arbitration and related litigation against a construction contractor related to the renovation of a luxury hotel in Mexico City (CANACO, Spanish, Mexico).

• Co-lead counsel to a Canadian oil and gas company in arbitration regarding the construction of a pipeline and related litigation before federal courts in Mexico (LCIA, Spanish, Mexico).

• Lead counsel to a major construction company in arbitration against a sub-contractor regarding a project for the construction of an industrial plant in Mexico under an open book maximum guaranteed price contract (ICC, Spanish, Mexico).

• Lead counsel to two major Spanish real estate companies, operating under a special purpose company, in arbitration regarding a large real estate seaside development in Mexico (CANACO, Spanish, Mexico).

• Lead counsel to a U.S. real estate development company in arbitration regarding a high end residential seaside development project in Mexico (ICDR, English, Mexico).

• Lead counsel to a U.S. company in a multimillion-dollar arbitration of corporate disputes against its Mexican counterparts (ICDR, Spanish, Mexico).

• Represented a global carrier company in multimillion arbitration related to its Latin American operations (ICC, English, Panama - hearings in Miami).

• Represented a major shipping company in an arbitration related to a stock purchase agreement (ICC, Spanish, Mexico).

• Participated in the representation of an American franchisor against its Mexican counterpart in a US$10 million-plus international arbitration.

• Successfully argued for recognition and enforcement of multiple arbitration awards (including interim measures awards) in Mexico and overseas in application of the New York and Panama Conventions.

• Advised a Latin American construction company in the implementation of Dispute Boards for diverse infrastructure projects.

Career

• Fonseca, Rodríguez, Perchemlian & Martínez Abogados, Mexico City, 2020 – Currently. Partner.

• Holland & Knight, Mexico City 2018 – 2020. Partner.

• Baker & McKenzie, Mexico City, 2011 – 2018. Partner.

• Chadbourne & Parke, Mexico City, 2008 – 2011. Partner.

• Thacher Proffitt & Wood, Mexico City, 2005 – 2008. SeniorAssociate.

• Jáuregui, Navarrete y Nader, Mexico City, 2000 – 2005.Associate.

• Tequileña, S.A. de C.V., Guadalajara, Jalisco, 1995 – 1999. General counsel.

• Gonzalo Rosa y Asociados, S.C., Guadalajara, Jalisco, 1994 –1995. Law Clerk.

• Pena Briseño Abogados, Guadalajara, Jalisco, 1992 – 1994. Law Clerk.

• Integración Jurídica, S.C., Guadalajara, Jalisco, 1991 – 1992. Law Clerk.

Personal

Academic Experience

• Professor of Law at the Universidad Panamericana (dispute resolution, arbitration and civil procedure law).

• Former professor of Law at the Centro de Investigación y Docencia Económicas A.C. (arbitration and civil procedure law).

• Guest lecturer at Miami University School of Law (International Arbitration in Mexico).

• Guest lecturer at Universidad del Pacifico in Lima, Peru (International Arbitration).

Experience

Salvador has 28+ years of experience in arbitration, litigation and other means of dispute resolution.

Education

Industry Sector Expertise

Salvador works with clients in the following industries:

• Construction

• Consumer Products

• Energy

• Finance

• Food & Beverage

• Health & Pharmaceuticals

• Hospitality

• Insurance & Reinsurance

• Media & Technology

• Mining

• Real Estate

• Software and IT

• Telecoms

• Transport