Ruiz - Silva Abogados, S.C.

Chairman: Victor M. Ruiz
Managing Partners: Andrea Orta González Sicilia & Victor M. Ruiz
Number of partners: 2
Number of lawyers: 4
Languages: English, Spanish, French and Portuguese

Firm Overview:
Ruiz – Silva Abogados, S.C. is a dispute resolution boutique specialising in complex commercial cases with a particular focus in sophisticated shareholder and joint venture disputes, as well as in cases arising out of energy and infrastructure projects, including off-shore construction works and drilling activities related to the energy and infrastructure industry. Members of the firm regularly act as counsel and as arbitrators under the rules of the leading international arbitral institutions, such as the ICC, ICDR, LCIA, PCA and the LMAA as well as under the UNCITRAL rules and those of domestic institutions such as CAM and CANACO. The firm also has broad experience in arbitration related litigation (judicial aid in favor of arbitration) and has a strong reputation for its complex litigation practice, representing clients in commercial, civil and administrative litigation, before local and federal courts, including constitutional proceedings (amparo).

Main Areas of Practice:
Domestic and international arbitration (as counsel and as arbitrator) as well as state court litigation (including constitutional proceedings), involving complex disputes under contracts for the international sale of goods, share purchase agreements, M&A transactions, energy and infrastructure projects, shareholder agreements, joint venture contracts, distributorship and franchise agreements.
■ The firm currently represents a Mobile Virtual Network Operator (MVNO) in an international arbitration under the ICDR Rules against a multinational telecommunications company, which is among the world’s leading telephone operators and mobile network service providers. While the dispute arises out of a commercial contract for operating as an MVNO under Respondent’s network, the case also involves the 2013 amendments to the Mexican Telecommunications Law, and the 2016 MVNO regulatory framework established by the Federal Telecommunications Institute. The firm’s client seeks an eight figure award for damages and lost profits
■ The firm represents a Mexican subsidiary of one of the world’s leading commodity trading and logistics company in a commercial litigation derived from the performance of an Engineering, Procurement, Construction and Installation Contract (EPCI) of a naphtha processing unit. This case also involved parallel proceedings for calling and enforcing bonds posted under the EPCI Contract
■ The firm currently acts as litigation counsel for a worldwide manufacturer of axles for the automotive industry company in domestic and international complex commercial cases involving disputes arising out of Service Contracts, International and Domestic Sales Agreements and transfer of technology matters
■ The firm recently (November 2019) secured the annulment of an Anti-Arbitration Injunction issued by a Mexican state court enjoining an ICC Arbitration from moving forward. The case was instrumental in setting two important court precedents that relate to a state court’s lack of authority under the Mexican Arbitration Law (based on the UNCITRAL Model Law on International Commercial Arbitration) to suspend arbitration proceedings and to decide on challenges against an arbitrator when the parties have otherwise agreed on a procedure for such purpose (i.e., when parties agree to settle their disputes under the Rules of an arbitral institution that provides a specific procedure for challenging arbitrators)
■ In early 2019, the firm successfully represented a Mexican company specialised in off shore world for the maritime and energy sector in an ICC Emergency Arbitration filed against the firm’s client by two investment vehicles of a joint venture formed by two Spanish construction and energy infrastructure companies under a Contract for the construction and operation of a water intake an discharge system for two Combined Cycle Power Plants in the Sea of Cortez, Mexico. The Emergency Arbitrator rejected the opposing party’s request for emergency relief, which in turn resulted in a Settlement Agreement between the Parties that calls for payment to the firm’s client of over US$ 3.5 million. The firm continues to represent its client in the ensuing ICC Arbitration, which is suspended pending payment of the last tranche agreed upon in the Settlement Agreement
■ The firm successfully represented a Mexican manufacturer of phenolic resins and foundry products in an ICDR arbitration against a US producer of industrial minerals under a Manufacturing and Supply Agreement for developing and producing resin coated sand for the oil and gas industry. The proceedings resulted in award in favor of the firm’s client for over US$ 8 million in damages and lost profits. The firm also successfully represented the same client in an ICC Mediation with a German manufacturer of chemical products and its wholly owned US subsidiary under two Technical License Agreements governed by the laws of Mexico and by the laws of the State of New York. The settlement agreement involved a release of firm’s client allowing it to freely use and exploit the technology transferred over a 20-year period and a monetary settlement
■ The firm successfully represented the shareholders of a Mexican Insurance Company in an ICC Emergency Arbitration and the ensuing Arbitration proceedings against their US and Dutch partners under a Shareholders Agreement and under a Memorandum of Understanding (MoU), governed by Mexican law. The emergency measures adopted in favor of the firm’s client ordered the minority shareholders to comply with their corporate and fiduciary duties. The award in the arbitration resulted in annulment of a Memorandum of Understanding that Respondent’s argued amounted to a Share Purchase Agreement under which the firm’s client was bound to purchase Respondent’s shares in the Insurance Company in exchange for US$ 22 million

Significant cases in which Victor M Ruiz currently acts or has acted as Arbitrator:
■ Chairman of the Arbitral Tribunal in an LCIA Arbitration between an engineering and construction consortium and a state-owned utility company, under a Public Works Agreement governed by Mexican Law. (Place of Arbitration: Mexico City) (Language: Spanish)
■ Chairman of the Arbitral Tribunal in a UNCITRAL Arbitration between a Scandinavian producer of personal hygiene products and a Central American distributor, under a contract governed by Mexican law (UN Convention on the International Sale of Goods - CISG) (Place of arbitration: Mexico City) (Language: Spanish)
■ Chairman of the Arbitral Tribunal in a UNCITRAL Arbitration between a Venezuelan telecommunications company and a US telecommunications group under an International Carrier Services Agreement governed by the laws of the State of New York. (Place of Arbitration: Miami, Florida) (Language: English)
■ Chairman of the Arbitral Tribunal in the second ICC Arbitration between a US marine and rail terminal operator and a Mexican maritime logistics and transportation Company under a Stock Purchase Agreement, governed by Mexican law. (Place of Arbitration: New York, U.S.A.) (Language: English)
■ Chairman of the Arbitral Tribunal in a UNCITRAL arbitration between a Mexican real estate developer and a Mexican real estate investor, under a Joint Venture Agreement governed by Mexican law. (Place of Arbitration: Mexico City) (Language: Spanish)
■ Sole Arbitrator in an ICC Expedited Arbitration between a US consulting firm and a Mexican manufacturer of power generators and transformers, under a Services Agreement governed by Mexican law. (Place of arbitration: Mexico City) (Language: Spanish)
■ Sole Arbitrator in an ICC Arbitration between a Dutch investment fund and a Mexican manufacturer of food products and its shareholders under a Shareholders’ Agreement governed by Mexican law. (Place of arbitration: Mexico City) (Language: Spanish)
■ Sole Arbitrator in an ICC Arbitration between a Canadian Mining Company and a Mexican concession holder and operator under a Joint Venture Agreement governed by Mexican law. (Place of arbitration: Mexico City) (Language: Spanish)
■ Sole Arbitrator in an ICDR Arbitration between Mexican and US mining companies under a Joint Venture Agreement governed by Mexican law. (Place of arbitration: San Diego, California) (Language: English)
■ Co-arbitrator in two LCIA Arbitrations between a Mexican energy supplier and two Mexican energy producers and suppliers under a Contract for the Power and Electrical Energy, subject to Mexican law