Commercial and civil litigation

Asali’s civil and commercial litigation practice includes the representation of clients in disputes before state and federal courts and the Supreme Court. The philosophy of our firm entails the understanding of the client’s overall objectives, in order to design tailor-made litigation strategies in complex disputes which encompass contractual, financial, insurance and real estate matters, as well as corporate and shareholder disputes and tort liability.

The cases handled by the firm often involve complex commercial relationships, such as EPC, O&M, and construction contracts in general, primarily related to their enforcement, termination, or ineffectiveness. The firm also intervenes in insurance or reinsurance disputes, both domestic and cross-border.

Asali has extensive experience in banking disputes: we have represented three of the most important financial institutions in the country in over 100 disputes, for loan collection and for the defense of our clients against important contingencies.

The firm regularly participates in all types of corporate disputes, whether to regain control of companies or to protect corporate and equity rights of shareholders, among others. We also represent individuals and companies in real estate disputes, whether for the recovery and defense of their property, the adverse possession of real estate, or its repossession, among many others.

Select cases :

• Asali represented a group of shipping companies in a commercial litigation brought against a banking institution for breach of fiduciary duties in connection with two administration and payment trusts, in which the firm obtained a favorable ruling that resulted in a settlement in excess of USD 40 million.

• Asali successfully secured a ruling which ordered payment of more than USD 10 million in favor of the leading meat producer in Mexico against one of the main suppliers of technology services worldwide (Fortune 500), derived from the failed implementation of an ERP system.

• The firm successfully represented a renowned Mexican scientist and obtained a ruling against a company that unlawfully exploited a nanoparticle invented by our client. The ruling ordered payment of 40% of all revenues derived from its commercialization, valued at approximately USD 25 million.

• Asali successfully managed to terminate a contract and consequently recover the only gravel and sand mines in Mexico City, an asset worth more than USD 150 million.

• Our firm represented a Mexican wholesaler of electronic equipment in a reputational damage claim against a group formed by some of the world’s leading technology companies. We obtained a USD 50 million final ruling on behalf of our client that led to a very favorable settlement.

• Asali successfully represented a reinsurer headquartered in New Zealand in a dispute brought by a Mexican insurer who claimed the restitution of certain unearned premiums paid under a reinsurance contract for an amount of USD 13 million. We secured a judgment in which our client was acquitted, while the opposing party was ordered to pay legal costs.

• The firm defends the interests of three of the most important banking institutions in Mexico in over 100 disputes, related to loan collection and defense against important contingencies.

• Asali currently represents one of the most important real estate developers in Mexico, in a dispute arising from the quantification of an earn out derived from an asset purchase agreement for a shopping mall with a value in excess of USD 125 million.

• The firm represents a Mexican corporation in several disputes brought against a trustee and a minority shareholder regarding the control over subsidiaries worth more than USD 100 million.

Arbitration

Our firm represents Mexican and international clients in arbitrations administered by leading institutions and under the principal arbitral rules, including ICC, LCIA, UNCITRAL, HKIAC, CAM, and CANACO. Our arbitration practice focuses on industries such as construction, renewable energy, and telecommunications in which we have a proven track record of success. Our team is experienced in handling complex arbitration proceedings that involve Mexican law or international treaties, such as CISG. While we normally act as lead counsel, we are also capable of collaborating with international law firms to provide comprehensive representation to our clients.

We have significant experience in intricate procedural issues related to arbitral proceedings, including security for cost requests, joinder of non-signatories, bifurcation, multi-tiered arbitration clauses, and consolidation of arbitration proceedings. Our expertise extends beyond the arbitration process, and we have successfully handled cases taken to Mexican courts that arise from arbitral proceedings, including the enforcement and annulment of arbitral agreements and awards, and the enforcement of precautionary measures issued in support of arbitration.

Our partners have also acted as arbitrators and experts on various legal issues before investment arbitration tribunals.

Select cases :

• We successfully represented Omega Construcciones Industriales, Sinohydro Costa Rica, Caabsa Infraestructura y Desarrollo, and Construcciones Urbanas in an LCIA arbitration against the Federal Electricity Commission arising from the failed construction of the Chicoasén II hydroelectric project. Our efforts resulted in a favorable award exceeding USD 220 million, covering all our clients' claims, including payment for constructed works, damages for delays, disruptions, and losses. Collaborating with a top-tier US law firm, we participated in the enforcement proceedings of the award in New York and spearheaded negotiations leading to the full payment of the award and accrued interest.

• We successfully represented Omega Construcciones Industriales, Sinohydro Costa Rica, Caabsa Infraestructura y Desarrollo, and Construcciones Urbanas in an LCIA arbitration against the Federal Electricity Commission arising from the failed construction of the Chicoasén II hydroelectric project. Our efforts resulted in a favorable award exceeding USD 220 million, covering all our clients' claims, including payment for constructed works, damages for delays, disruptions, and losses. Collaborating with a top-tier US law firm, we participated in the enforcement proceedings of the award in New York and spearheaded negotiations leading to the full payment of the award and accrued interest.

• Our firm represented a bank in three CAM arbitrations concerning non-payment under three derivative operation contracts, obtaining one favorable award and two beneficial settlements for our client.

• We represented a Mexican investment fund in an ICC arbitration against an international investment fund in a dispute over the sale of a university. The issue centered on disagreements regarding the calculation of an earn-out and the final price for the assets. The case involved a discovery process based on §1782 of the U.S. Code, and we ultimately reached a settlement in our client's favor.

• Our team represents a telecommunications infrastructure developer focused on rural areas in Mexico in an ICC arbitration against three subsidiaries of a prominent Spanish telecommunications group. Our client seeks over USD 250 million in damages due to one defendant's breach of contractual obligations.

• In partnership with a renowned New York law firm, we represent a wind turbine manufacturer in an ICC arbitration against a significant energy company, defending against a claim exceeding USD 150 million related to alleged defects in equipment installed in one of Mexico's largest wind farms.

• Our firm represents a coal transportation company in an LCIA arbitration against a state-owned enterprise concerning breaches of the take-or-pay clause in a coal transportation and storage contract for operating the country's largest thermal power plant.

• We represent a technology company in a UNCITRAL arbitration against a Fortune 500 corporation, pursuing a claim exceeding USD 50 million based on alleged defects in the equipment supplied by the defendant for deploying an Internet-of-Things network in Mexico.

• Our partner, Jorge Asali, serves as a Mexican law expert in two investment arbitrations (Alicia Grace and others v. Mexico, and Finley Resources and others v. Mexico). In the first case, Jorge provided testimony on the termination of various administrative contracts and their relation to bankruptcy proceedings. In the second, his expertise focused on the general aspects of civil and administrative procedures under Mexican law.

Bankruptcy

Asali currently represents multiple creditors in bankruptcy and insolvency proceedings administered by Mexican courts. Our lawyers have notable experience in counseling financial institutions to litigate successfully the preference, recognition, and credits fund derived from complex financial structures.

Select cases :

• We represented a group of banks in the insolvency proceedings of a leading Mexican pharmaceutical company that owed USD 55 million. We achieved a successful settlement.

• We represent the Mexican subsidiary of a leading Spanish Bank in the insolvency proceedings of a company engaged in the manufacture of ceramics. This representation includes the recovery of the debt derived from a line of credit for more than USD 10 million.

• We defended the interests of a group of creditors of an oil services company that went into bankruptcy in 2016, before and during this proceeding. This representation included the separation of important assets and their recovery in favor of their owners, worth more than USD 350 million.

• We currently represent the interests of a Mexican financial institution in the insolvency proceeding of a company engaged in the creation and development of corporate, commercial and hotel spaces, in order to obtain the recognition and payment of the debt of a line of credit granted for more than USD 18 million.

• We represent one of the leading banks in Mexico in the insolvency proceeding of a Mexican company engaged in the handling of frozen products. We were able to obtain a ruling that recognized our client’s claim for more than USD 11 million.

Administrative and constitutional litigation

The law firm advises clients in administrative and constitutional disputes against Mexican authorities on multiple matters such as intellectual property, telecommunications, public works, bidding procedures, asset forfeiture, and administrative infractions before specialized courts. Asali´s constitutional law practice is confirmed by high-impact litigations directed to promote human rights protection, democracy, and Mexico´s rule of law, all under a pro bono basis.

Select cases :

• We currently represent one of the biggest film production companies in the world in an amparo proceeding relating to an international merger (whose effects were analyzed in more than 25 jurisdictions) which was irregularly denied by the Mexican antitrust regulator. The issue at hand arose from the divestiture of a media group worldwide.

• We obtained a favorable ruling in a matter concerning property reparation by the State, due to the seizure of an aircraft that was illegally incorporated into a government fleet and destroyed. We were able to recover the cost of the aircraft and the profits it would have generated during its lifespan, with an award of USD 35 million.

• We currently represent a global trade association which gathers the major film and video streaming studios in the world, in a constitutional proceeding before the Mexican Supreme Court, relating to the challenge of certain additions and reforms to the Mexican Copyright Law. Our firm was retained to draft amici curiae and argue before the Court in support of the challenged additions and reforms.

• Our firm has performed pro bono work in connection with matters of national interest such as the cancellation of Mexico City’s new airport, the administration of cancer treatment to children, supplying Covid-19 vaccines for doctors and nurses, as well as the current government’s crusade against renewable energies and other matters.

• We represent a group of private real estate developers, in a dispute concerning a 33-acre beachfront property near Tulum. We have secured a judgment that recognizes our clients as the legitimate owners of such property.

• Our firm, along with another firm, represented the interests of a prominent telephone company in several disputes arising from Bid XXI which allowed the provision of telecom services by our client that had been illegally suspended by an interim measure.

• We represent one of the largest mutual fund companies in the U.S. in an agrarian proceeding concerning a 2000-acre property in Sinaloa, owned by our client’s insured. We have managed to secure a judgment that recognized the insured as the legitimate owner of the property, while dismissing the counterpart’s claim.