Alejandro Osuna

Admitted, 1997, Education LLM, University of Pittsburgh’s School of Law, LLM (1998). JD, Law School of the Universidad Iberoamericana, Tijuana, Mexico (1995).

LANGUAGES: Spanish and English

PRACTICE AREAS: International Commercial Arbitration and Mediation, Cross-border Litigation, Enforcement of Foreign Judgments in Mexico, International Commercial Transactions (secured transactions, international sales and distribution agreements), Foreign Investments, Mexican Corporations, International Law. He often provides services and consultant and/or expert witness on Mexican Law for cases in U.S. Courts.

Other Courses and Programs

• April 20, 2017, Looking Ahead: Effectively Arbitrating Complex Disputes in the Global Energy Sector, Houston, Texas, International Centre for Dispute Resolution
• September 30, 2016 was a co-organizer with the Construction Industry Arbitration Center of Mexico, of the Latin American Construction Industry Arbitration Symposium, where he participated as a moderator discussion at event in Ensenada, Baja California, Mexico.
• June 3, 2016, co-organizer and speaker of Seminar with the Mexican Chapter of the International Chamber of Commerce “Arbitration in Business Activities”, in Tijuana, Baja California, Mexico.
• November 13, 2015, organized with the Chartered Institute of Arbitrators the Introduction to International Arbitration Program in Tijuana, Baja California, Mexico.
• August 27, 2015 Symposium “Dispute Resolution in the International Energy Sector” organized by the International Court of Arbitration of the Arbitraje de la International Chamber of Commerce in Mexico City.
• June 11, 2015, “Arbitrating in North America-Now and Tomorrow”, UCLA, Los Angeles California, organized by the Chartered Institute of Arbitrators.
• December 2011, “Symposium on International Commercial Arbitration” organized by the London Court of International Arbitration in Mexico City.
• June 2011, on-line course on Sovereign Lending organized by UNITAR.
• June 2010- Washington College of Law, American University, in Washington DC, “Summer Program on International Arbitration”, “Investor vs State Arbitration” and “Cross Examination in International Arbitration”.
• Successfully completed the Mediator Training Program offered by the San Diego Mediation Center, in San Diego, California in 2003.
• DL 101, Introduction to Intellectual Property Law –WIPO, on-line training 2011
• Introduction to International Loan Agreements – UNITAR-on-line training 2011

Associations

• Member of International Chamber of Commerce, Mexico Chapter, (ADR Committee) Fellow with the Chartered Institute of Arbitrators Member London Court of International Arbitration Member of the Baja California Chapter of the National Business Lawyers Association (ANADE).
• Mr. Osuna is on the panel of neutrals with the following institutions: • International Center for Dispute Resolution (ICDR) • The Vienna International Arbitration Centre (VIAC) • The Arbitration Centre of Mexico (“CAM”) • The International Chamber of Commerce (ICC), Mexican Chapter • The Arbitration Center of the Lima Chamber of Commerce He currently chairs the Arbitration Committee in the Tijuana Chamber of Commerce.

Professional Experience

• From 2009 to present, partner at the Law firm of Osuna González y Asociados, S.C.
• From 2001 to 2009, partner at the law firm of Osuna & Rivero, S.C. in Tijuana, Baja California.
• From 1998 to 2001, as a solo practitioner in Tijuana, Baja California, Mexico.
• Summer intern with the Aluminum Company of America (ALCOA), in Pittsburgh, Pennsylvania (1998).
• Former associate with Krasovsky Asociados (1994-97) in Tijuana, Baja California, Mexico. Relevant Cases 2020- Currently acting as lead counsel in an investor vs state arbitration under a multilateral investment treaty, involving a Mexican construction company against a Central-American government. 2020- Currently collaborating as cocounsel in a commercial arbitration dispute against a central American government agency before the Permanent Court of Arbitration. 2020 –
• Currently serving as sole Arbitrator in an ICDR case, involving a British Cruise Line and a Sea fearer from Montenegro.
• 2019 – 2020 Counsel for defendants in ICDR arbitration. Case involved the sale of ownership in a Mexican corporation to US investors, and the alleged violation of a non-competition clause.
• 2019- Succeeded in obtaining the recognition of a US Judgment for $500,000 US dollars before the Federal Courts in Mexicali, against US Citizens and Mexican corporations all domiciled in Mexico.
• 2019 – Sole arbitrator in an ICC in a claim involving a subcontractor vs a main contractor with regards to the building of electric generation plant in Mexico.
• 2019 Chairman in an ICDR case involving a real estate development joint venture in Tijuana, Baja California, Mexico.
• 2018 Sole Arbitrator in an ICDR case, involving a cruise line and a Sea fearer.
• 2016-2019, defended a Mexican joint venture against in an arbitration under the ICC Rules, involving claims from a subcontractor involved in the development of a wind farm in Mexico.
• During 2014-2015, served as sole arbitrator under the rules of the International Chamber of Commerce in a dispute involving an industrial park developer and a purchaser of property in the State of Queretaro, Mexico.
• In 2013, enforced a foreign judgment and settlement rendered in Nevada in a dispute involving real estate holdings in Rosarito, Baja California, Mexico.
• In 2012, successfully defended a Mexican Party from the enforcement of an arbitration award issued under the rules of the International Cotton Association, in Liverpool, England.
• During 2011-2012, served as arbitrator under the rules of the Mexican Arbitration Center in an automotive lubricant distribution agreement dispute in southern Mexico.
• In 2010, successfully defended a Mexican Corporation in a multi-million dollar international arbitration dispute under the rules of the International Chamber of Commerce, derived from an international corporate joint venture.
• In 2007, obtained an arbitral award for over $400,000 US Dollars, in an arbitration administered under the rules of the Mexican Arbitration Center applying the UNIDROIT Principles 2004. Award appears on-line at the UNILEX Database http://www.unilex.info/case.cfm?pid=2&id=1149&do=case.
• In 2005, obtained the recognition in Mexico of a US Judgment for $65 million dollars rendered as damages by a District Court in California, from the theft of the domain “sex.com”.
• In 1999, obtained the first documented case applying the United Nation’s Sales Convention from a Mexican Court, http://www.cisg.law.pace.edu/cisg/wais/db/cases2/000714m1.html.
• Academic Experience Professor of Private International Law, Commercial Law, Intellectual Property Law, Foreign Investment Law, International Commercial Contracts and Alternative Dispute Resolution at the Universidad Iberoamericana, in Tijuana. He has also been a visiting professor at the Universidad de Puerto Rico, in San Juan, Puerto Rico, and with the Universidad de Barcelona, in Barcelona, Spain. Speaking Engagements, Panelists, and Other National and International Collaborations
• Speaker, October 2019, From Theory to Practice. Arbitration of International Contract Disputes. Monterrey Chapter of the International Chamber of Commerce, in Monterrey, Mexico.
• June 20, 2019, Roundtable: Cross Border Dispute Resolution Challenges and Perspectives, organized by JAMS- and the US Mexico Bar Association, in Tijuana, Baja California, Mexico.
• August 2018 U.S.-Latin America Cross-Border Practice Roundtable Discussion, JAMS Los Angeles Resolution Center, Los Angeles, CA 90013, USA. Speaker,
• November 2017, National Association of Business Lawyers (ANADE), annual conference in Guadalajara, Mexico, “Seller’s rights against Buyer under the United Nation’s Convention on Contracts for the International Sale of Goods.”
• Speaker, October 8, 2017, Uniform Interpretation of the United Nation’s Convention on the International Sale of Goods, San Diego, California, USA,
• Speaker, September 8, 2017, National Association of Business Lawyers (ANADE), semi-annual regional conference in Tecate, Baja California, Mexico. “The Development of the International Center for Arbitration and Mediation (ICAM)”. Trainer, November 15, 23 and 25, 2016, “The Law Applicable to International Commercial Contracts”, a training sessions for Mexican judges that took place in the cities of Ensenada, Tijuana and Mexicali, State of Baja California, Mexico, organized by the Baja California Judiciary. Trainer, November 23, 2016, “The Law Applicable to International Commercial Contracts”, a training session for judges that took place in Mexicali, Baja California, Mexico, with the Baja California Judiciary”.
• Speaker, November 11, 2016, “Arbitration, Mediation and Dispute Panels in the Construction Industry”, a presentation made before the Mexican Construction Industry Chamber, in La Paz, State of Baja California Sur, at the Construction Expo 2016.
• Speaker, November 9, 2016, “International Arbitration”, Universidad Iberoamericana Tijuana School of Law, in Tijuana, Baja California, Mexico.
• November 2013, speaker at the Costa Rican Bar Association in San José, where he spoke about the Mexican judiciary´s experience in interpreting the Vienna Sales Convention, at an event organized by UNCITRAL and the Costa Rican chapter of the International Chamber of Commerce.
• In January 2013, speaker at Villanova University at a Symposium on the United Nation’s Convention on Contracts for the International Sale of Goods. In September of 2009, meeting of the Special Drafting Committee for the Legal Guide on International Contracts, in Paris, France organized by the International Trade Centre.
• In April 2009, participated at the plenary meeting of the Pro Bono Committee on International Contracts for the International Trade Center (INTRACEN), held in Geneva, Switzerland. The International Trade Center is joint WTO and UNCTAD organization. Participate in the Committee on International Sales Contracts, International Joint Ventures, and International Distribution Agreements. In January of 2008, he participated as a panelist at an international Seminar in Mexico City, on International Contracts and Arbitration, organized by the National Autonomous University of Mexico.
• In May 2006, he participated as a panelist in the Hemispheric Trade Conference, organized by UNCITRAL, US AID, hosted by Louisiana State University in Baton Rouge. He participated in the panel discussing international dispute resolution.
• In November 2005, he was a panelist at an event that organized by UNCITRAL and the University of Pittsburgh, entitled “The CISG Digest as a Contract Drafting Tool”. Collaboration appeared in a book published by Oxford University Press.
• In March 2005, he was a panelist at the 25th anniversary of the United Nation’s Convention on the International Sale of Goods an event that took place in Vienna, Austria, organized by the United Nation’s Commission on International Trade Law. His collaboration appears on-line at the UNCITRAL website and in a special edition of the Journal of Law and Commerce of the University of Pittsburgh.

Publications

• Author: The Interpretation in Mexico of the United Nation´s Convention on Contracts for the International Sale of Goods, Villanova Law Review, 601-621, volume 58, 2013, number 4.
• Contributor to the drafting and Translator of the Spanish version: MODEL CONTRACTS FOR SMALL FIRMS: LEGAL GUIDANCE FOR DOING INTERNATIONAL BUSINESS, International Trade Centre (INTRACEN [UNCTAD/WTO]), Geneva, Switzerland, 2010.
• Author: Chapter 20 of the book DRAFTING CONTRACTS UNDER THE CISG, Dealing with Avoidance and Its Consequences: Articles 49(2), 64(2), and 81 Through 88, Oxford University Press, 2007.
• Author: Buyer’s Enabling Steps To Pay The Price: Article 54 Of The United Nation’s Convention On Contracts For The International Sale Of Goods, J.L. & Com. (2005), 1: 299-323 Volume 25 -1.
• Author: Compraventa Internacional, Jurisprudencia y Problemas (International Sales Law, Cases and Problems), published by Tax Editores Unidos (2004)). Author: Comentarios a La Convención de Naciones Unidas sobre la Cesión de Créditos en el Comercio Internacional (Commentary to the United Nations Convention on the Assignment of Account Receivables (72 Revista Jurídica de la Universidad de Puerto Rico, 31-69 (2003)).
• Author: Los Honorarios Legales como Daños en el Ámbito de la Convención de Naciones Unidas sobre la Compraventa Internacional de Mercaderías (Legal Fees as Damages under the Convention for the International Sale of Goods (106, UNIVERSITAS, Pontificia Universidad Javeriana, Colombia (2003)).
• Mr. Osuna has published commentary on cases involving the application of the Sales Convention, which appears at PACE University’s website on the CISG.