"Andrea de la Brena is a vital partner to our new and growing business in Mexico. Her advice and guidance is essential for our company. Andrea is a consummate professional with a thorough understanding of the law and business"Worldwide leading manufacturer of pipe fitting installation technology
Andrea de la Brena is a partner with our firm and an expert in international commercial and investment arbitration with extensive experience in Mexican corporate, employment and commercial law.
Andrea regularly advises clients in all aspects of commercial and investment arbitration under various sets of rules, including the UNCITRAL, CAM and ICSID rules. She regularly represents governments in investment arbitration proceedings. These cases usually involve international parties, complex jurisdictional issues, asset securing and protection, multiple applicable laws and treaty interpretation, among others.
Furthermore, she represents the clients in enforcement and recognition of foreign awards proceedings with Mexican courts and asset recovery related actions in Mexico.
She also provides advice to Mexican companies in all aspects of their corporate matters, including mergers and acquisitions, wind up and liquidation proceedings, incorporation of legal entities and registration of foreign legal entities in Mexico and day-to-day corporate governance.
Andrea’s commercial advice also encompasses drafting of sales and purchase/rental services agreements and related transportation, insurance and finance contracts. Those contracts commonly containing provisions concerning the distribution of risks between the parties, transportation and collection/delivery requirements, time and conditions for the transfer of property, insurance of the goods, inspection of goods and other related issues. This is in addition to managing disputes and claims that arise on these types of contracts and areas of law.
Andrea’s corporate and commercial advice can range across various sectors including retail and consumer goods, energy, transportation, engineering, shipping, commodities and trade.
Additionally, Andrea supports Mexican companies in labour and employment law matters, including drafting of employment agreements and termination of employment relationships. She especially assists foreign companies and their Mexican subsidiaries in all these matters.
Andrea regularly lectures on arbitration and employment law topics at international and national conferences. Furthermore, she has authored various publications in her field. Andrea was authorized to practice Mexican law in 2014 and is a graduate of the Instituto Tecnológico Autónomo de México (Bachelor at Laws 2013) and the University of Vienna (LLM 2016).
Andrea works in English (fluent) and Spanish (native).
Highlights of Andrea’s work include the following:
Assessing the laws on lifting the corporate veil on companies in Mexico for a major shipping demurrage case, where the underlying cargo interests were not in a position to accept delivery and the vessel carrying crude ended up waiting for months before discharge could occur (USD 3+ million).
Advising a US digital marketing development company on incorporation of its Mexican subsidiary.
Advising Mexican subsidiary of a major Austrian group in the oil drilling industry in its wind up and liquidation proceedings before Mexican authorities.
Representation of a Mexican entity in the digital marketing industry in negotiations with a major company in the business of co-working spaces on the anticipated termination of a co-working services agreement.
Assessing criminal and civil options, and coordinating an asset seizure search and attach strategy in Mexico for a major case for shipowners pursuing a Chinese mining conglomerate in Mexico. The underlying case involved allegations of cartel cooperation and fraudulent dissipation of assets (USD 2.5 million).
Representation of a Singaporean shipping company with its main seat of business in London in enforcement and recognition of foreign awards proceedings (USD 5.7 million, Mexican courts).
Representation of a Central European state in an investment arbitration under the UNCITRAL Rules against a German natural person claiming violation of his/her rights by a court decision on squeeze-out (USD 100 million, PCA).
Representation of a Southern European state in an investment arbitration against a Slovenian investor regarding the privatisation of a power plant (EUR 720 million, ICSID).
Advising Mexican subsidiary of a major German group in the retail and construction business of heating and plumbing systems on its day-to-day corporate and employment issues. As part of the day-to-day commercial advice, we regularly draft and review purchase and sale master agreements for their goods and all related documentation. These contracts regulate the distribution of risks between the parties, transportation and collection/delivery requirements, the time and conditions for the transfer of property, the insurance of the goods, inspection of goods and other related tasks.
Interested in specific aspects of Andrea’s recent work? Contact email@example.com for further reference cases.
If a business is transferred from one employer to a new one, under certain conditions a transfer of undertakings may take place. Andrea de la Brena is talking about the importance of due notice when it comes to an employer’s substitution and the legal consequences regarding the liability which occurs from it.
De la Brena (moderator), “Transparencia en la agenda de reforma del Sistema de solución de controversias entre inversionistas y Estados”, UNCITRAL Day – Mexico, 10.11.20.
De la Brena (speaker and moderator), “COVID-19 and Employment Law”, AIJA Labour Law Commission Day, 26.10.2020.