Elsa Ortega

 

Elsa Ortega
She is a lawyer and arbitrator with more than 15 years of experience in large and complex cases of international commercial arbitration. She is also specialized in commercial transactions and corporate law, and in providing legal advice to foreign clients seeking new business opportunities in Mexico.

Elsa Ortega has been selected for inclusion in Chambers Latin America Guide: Dispute Resolution and Arbitration 2010, 2011, 2012 and 2013, Chambers Global 2013 and 2014, Who’s Who Legal: Mexico, Arbitration 2011, 2012 and 2013, and Best Lawyers in Mexico: Corporate and M&A.

 

Representative Matters:

 

In arbitration, she has participated, among others, in the following:

  • Member of the arbitral tribunal in a case pertaining to online betting.
  • Party counsel to a mining company, in an arbitration against a client obtaining a favorable award for the claims, interests and costs, including attorneys’ fees and expenses.
  • Party counsel to a company managing an intermodal terminal, in an arbitration against an airport operating company, obtaining a favorable award.
  • Co-counsel to a company engaged in the restaurant industry, in an arbitration deriving from a franchising agreement.

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Practice areas
  • Arbitration
  • Corporate and Transactional Law
  • New Businesses in Mexico
  • Energy (oil & gas)
Education
  • Escuela Libre de Derecho, México, D.F., graduated within top 10% of class,
    (1991-1996)
  • College of Europe, Brugge, Belgium, LL.M.,
    (1997-1998)
Certification
  • Admitted to Practice in Mexico (1999)
Languages
  • Spanish
  • English
  • French

You can find Elsa Ortega on  TwitterFacebook y LinkedIn

  • Co-counsel to a company of the food sector, in an arbitration deriving from a franchising agreement.
  • Party counsel to an automaker company, in an arbitration against a company of the transportation railway service, obtaining a favorable award in jurisdiction.
  • Legal advice to a US investor in an investor-State arbitration under Chapter XI of the North America Free Trade Agreement (NAFTA).
  • Design of a comprehensive dispute resolution policy for a transnational company of the telecommunications sector.
  • Design of a comprehensive dispute resolution policy for a transnational company of the automotive sector.

 

In corporate and transactional law, she has participated, among others, in the following:

  • Legal advice to a client in the design of its buy-sell mechanism for the solution of disputes among shareholders, and follow up in the transfer of shares and assets.
  • Legal advice to several clients in their corporate group restructurings.
  • Legal advice to a SOFOM, E.N.R. participant of the SPEI in the drafting of its model service contracts with clients.

 

In anticorruption and anti-money laundering, she has participated, among others, in the following:

  • Legal advice to a transnational company of the automotive industry for the adaptation of its anticorruption international guidelines to Mexican legislation.
  • Legal advice to a SOFOM, E.N.R. participant of the SPEI in the drafting of its compliance manual and fulfillment of other obligations in anti-money laundering.

Recent speaker and academic events:

  • “Legal costs in arbitration”, Specialized Seminar in Arbitration, CAIC, Mexico City, February 2014.
  • Corruption and arbitration”, First Anticorruption Workshop, ICC Mexico, Mexico City, November 2012.
  •  “Data protection law and its regulations. Practical implementation in the insurance sector and deriving risks”, AMEDESEF, Mexico City, September 2012.
  • Practical cases coordinator in the International Commercial Arbitration Program, ICC Mexico – Escuela Libre de Derecho, Mexico City, September-November 2012.
  • “Arbitration and class actions”, ICC Mexico Arbitration Committee, Mexico City, June 2012.
  • V Investment Arbitration Forum, Mexico City, June 2012.

Recognitions:

Elsa Ortega has been selected for inclusion in Chambers Latin America Guide: Dispute Resolution and Arbitration 2010, 2011, 2012 and 2013, Chambers Global 2013 and 2014, Who’s Who Legal Mexico: Arbitration 2011, 2012 and 2013, and Best Lawyers in Mexico: Corporate and M&A.

Activities and memberships:

  • Member of the Mexican Bar Association (BMA) (2001 – present).
  • Member of the Institute for Transnational Arbitration (ITA) (2002- present).
  • Member of the Mexican Chapter of the International Chamber of Commerce (ICC – CAMECIC) (2007 – present).
  • Appointed by the Mexican government to participate in the Advisory Committee on Private Commercial Disputes of the North American Free Trade Agreement (2022 Committee) (2008 – present).
  • Member of the Latin American Arbitration Association (ALARB) (2011 – present)
  • Member of Arbitral Women (2012 – present).
  • Member of the International Bar Association (IBA) (2013- present).
  • Member of the Association of International Petroleum Negotiators (2016 – present).

Publications:

  • Co-author, Mexican Law on Commercial Arbitration, Analysis and Comments to Title Four, Book Five of the Mexican Federal Commercial Code (Ley Mexicana de Arbitraje en Materia Comercial, Análisis y Comentarios al Título Cuarto del Libro Quinto del Código de Comercio), Themis, Mexico, 2009.
  • Co-author, The International Comparative Legal Guide to: International Arbitration 2009, (Chapter of Mexico), Global Legal Group, U.K., 2009.