EXPERIENCE

Marco Tulio’s professional experience began in 1992, with a two-year stint with the First District Court in Administrative Matters of the First Circuit. During this period, Marco Tulio actively participated in assisting the Court in various amparo proceedings, thus obtaining invaluable experience in relation to Amparo Law, its interpretation and application. In 1995, Marco Tulio joined the law firm Von Wobeser y Sierra where he worked until June 2019, with the exception of the year 2000, when he worked abroad (first as assistant to an advisor of the Secretariat of the International Court of Arbitration of the International Chamber of Commerce in Paris, and later in the arbitration department of Freshfields, Bruckhaus & Deringer as a foreign associate).


Marco Tulio was appointed partner of the law firm Von Wobeser y Sierra in 2002, and co- founded the arbitration and litigation area. During his time with the firm, Marco Tulio formed a team that is currently recognized as the most important Mexican arbitration law firm in the country, and one of the most relevant in litigation. In addition to accumulating extensive experience in resolving numerous types of disputes, he participated in the most significant arbitrations of the last two decades in Mexico, both by relevance and by amount, developing a reputation for saving his clients billions of dollars.

 

In mid-2019, he formed with LITREDI’s team, a boutique law firm, so that he could focus on dispute resolution and increase his role as an arbitrator, and avoid the conflicts of interest that often hamper larger law firms.

REPRESENTATIVE

 MATTERS

As Arbitrator: Among others: (i) Actively participated as administrative secretary of the arbitral tribunal in which the ICC arbitration involving a dispute of more than 20 million dollars between two Spanish companies in the hospitality industry was processed and settled. (ii) He recently served as the sole arbitrator in a construction dispute subject to the Rules of Arbitration of the International Chamber of Commerce (ICC).

 

As Counsel in Arbitration: (i) He was part of the team of attorneys for a major American brewer in an ad hoc arbitration initiated by then-controlling shareholders of Mexico’s largest brewer. The disputed amount was over 450 million dollars. The result of this case was an arbitral award in favor of the client. (ii) Subsequently, he was again attorney for this American brewer in another ad hoc arbitration in which the amount in dispute came to 3 billion dollars. The result, in this case, was a final arbitral award declaring the claim without legal basis and, therefore, absolving the client of any payment. (iii) He was the lead counsel for a fast food franchisor in an AAA arbitration against its franchisee claiming termination of the Mexican franchise agreement, obtaining a favorable arbitral award confirming the validity of the termination of that agreement. (iv) He served as attorney for a Mexican copper producer in an ICC arbitration initiated by a U.S. company in the same sector involving the unlawful termination of a supply contract. In this case, an arbitral award was obtained in favor of the Mexican company for over 3.5 million dollars. (v) He served as counsel for ETECSA, the Cuban government’s telecommunications company, in an ICC arbitration initiated by Bancomext claiming payment of 50 million dollars. In this case, although an arbitral award was issued against ETECSA, it was later set aside and subsequently settled. (vi) He served as lead attorney for a major Mexican brewer in an ICC arbitration against its distribution companies in Guatemala involving the legal termination of the effects of a settlement agreement and rescission of the related import, distribution and marketing agreement. This case was resolved in favor of the Mexican brewery. (vii) He was lead attorney for a major automobile manufacturer in an ICC arbitration against a real estate company regarding a dispute that arose from breach of the right of first refusal plus damages and lost profits caused. This case was successfully settled in favor of the manufacturer.

 

As Counsel before Judicial Courts in Arbitration-Related Proceedings: (i) He was the lead attorney for a major oil company in a setting-aside lawsuit initiated by Pemex Exploración y Producción before the Mexican federal courts, challenging the validity of the arbitral award rendered by an ICC Arbitral Tribunal in a construction dispute for over $120 million. This case was settled after a favorable decision had been obtained for the oil company. (ii) He was the lead attorney in a setting-aside lawsuit challenging an award against a Mexican construction company for over 20 million pesos before the Mexican courts based on breach of essential principles of due process. A final decision was obtained setting aside the award. (iii) He acted as lead attorney for a Korean-German co-investment in a setting- aside lawsuit initiated by Pemex before the Mexican federal courts, challenging the validity of an arbitral award (concerning reconfiguration of the Cadereyta Refinery) issued by an ICC Arbitral Tribunal in a construction dispute for over $400 million dollars. After prevailing in several instances, the dispute was finally settled in favor of the Korean-German co-investment. (iv) He again acted as lead attorney for the oil company in a setting-aside proceeding brought by Pemex Exploración y Producción before the Mexican federal courts challenging the validity of another arbitral award rendered by an ICC Arbitral Tribunal in a construction dispute for over $300 million dollars. Although the Mexican courts set aside the award, Marco Tulio helped the oil company obtain the award recognized by the U.S. courts, which ultimately led to a very favorable settlement for the company.

 

As an Expert in Foreign Proceedings: He has drafted several expert opinions for the courts of the United States of America on different topics, such as the legal regime of PEMEX, the system of expenses and costs in Mexico, and interpretation of the concepts of damages and lost profits under Mexican law.


Administrative Litigation and Amparo. (i) He successfully defended an oil company in an administrative procedure initiated by PEMEX to rescind several oil platform rental contracts, avoiding the loss of billions of dollars. (ii) He obtained a ruling from the Mexican Supreme Court declaring a wage tax unconstitutional, and saved several international companies millions of dollars. (iii) He challenged the constitutionality of several telecommunication verification duties, obtaining a favorable ruling from the Mexican Supreme Court of Justice. (iv) He participated in the first antitrust disputes, successfully challenging illegal monopolistic practices in the cable television market, and in another case, through an amparo proceeding, he managed to get the conditions imposed by the authority annulled, subsequent to a merger proposed in the alcoholic beverages market.


Civil and Commercial Litigation. (i) He defended a satellite company against a lawsuit filed with the Mexican federal courts for over $100 million dollars, obtaining a favorable ruling and legal costs in favor of his client of over $8 million dollars. (ii) He also successfully defended one of the largest automobile companies in a lawsuit seeking damages of over $1 billion dollars; in this case, a settlement of less than $8 million dollars was reached.


Infrastructure Projects and Government Contracts. (i) He represented several companies in large infrastructure projects and government contracts entered into under the Public Works Act. Among others, he advised clients in the following public tenders and projects: (a) a public tender issued by SAT that was finally awarded to his client (and in which he later helped the client to implement changes to the contract to extend its scope and duration); (b) a public tender to provide maintenance services to the Mexico City Metro (subway); (c) maintenance and monitoring services provided to the National Water Commission (CONAGUA) for Mexico City's wastewater and drainage system; and (d) a public tender issued by the Center of Investigation and National Security (CISEN) to contract telecommunications equipment.

TRAINING

AND

STUDIES

Marco Tulio completed his professional studies at Escuela Libre de Derecho (1991-1995), obtaining his law degree with the thesis "Judicial Intervention in Arbitration," In addition, in March 2017, he took the Masterclass in International Arbitration, which took place in Washington and was organized by the International Chamber of Commerce (ICC).

RECOGNITIONS

Chambers & Partners Global, Chambers & Partners Latin America, Global Arbitration Review 100, Legal 500, Latin Lawyer 250, Latin America Corporate Counsel Corporation, LexLatin, Who’s Who Legal, Best Lawyers, Reforma Newspaper and Expansion Magazine, among others.

PROFESSIONAL AFFILIATIONS

Marco Tulio is an active member of the Barra Mexicana Colegio de Abogados, AC (BMA) and the Advisory Committee of International Transnational Arbitration. He is also a member of the Construction of Infrastructure Dispute Resolution Committee of the Mexican Chapter (ICC); a committee on which he served as vice chairman in 2015 and 2016, and he has been its chairman since January 2017. He is also a member of the Mexican Institute of Arbitration.

ACADEMIC ACTIVITIES

Marco Tulio is a professor for Arbitration course organized annually by Escuela Libre de Derecho (ELD) and the International Chamber of Commerce (ICC). He was also a professor for the Master of Business Law at Universidad Panamericana Law School. He is a frequent lecturer at several seminars specializing in arbitration and dispute resolution in Mexico and abroad.

PUBLICATIONS

Marco Tulio participated as Technical Proofreader of the Spanish version of the book "The New Arbitration Rules of the International Chamber of Commerce." He has also published the following arbitration-related articles in the magazine, Pauta, by the Mexican Chapter of the International Chamber of Commerce: "Main Causes of Disputes in Public Works Contracts in Mexico," "Disputes Related to the Adjustment of Costs in Public Works Contracts," "The Action for Recognition and Enforcement of Arbitral Awards (as a counterclaim in an ancillary proceeding to nullify the award)," and "Cases and Practical Situations in Construction Dispute-Related Arbitrations."

 

Other articles published by Marco Tulio can be found in the following specialized magazines: Global Arbitration Review, Corporate Disputes Magazine, Financier Worldwide, Corporate Livewire, Lexology and Latin Lawyer Magazine, among others. These articles are also available in the Publications section of this website.