How long have you represented clients in arbitration or mediation?

I have represented clients in arbitration and mediation for close to 25 years in Mexico and in the United States, under the following rules: AAA, ICDR, ICC, ICSID, and in Mexico under the rules of the Mexican Arbitration Center, and the arbitration rules of the Mexico City Chamber of Commerce.

What substantive matters do you usually handle in arbitration or mediation?

The matters I have been involved with include infrastructure in the energy sector, highways, franchising, international sales and distribution agreements, and international joint venture disputes.

Have you served as an arbitrator or mediator?

Yes I have. And have done so in Mexico and in the United States.

How do you bill for your services, and do you require a retainer?

I usually offer clients two billing methods: Per hour at $450 US dollars per hour and typically request a $10,000 retainer. The other method I have used is a "pay-as-you-go" basis, where payments are made at different phases of the case.

What other costs should a client anticipate beyond your fee?

Other costs that a client should consider are Institutional and arbitrator/mediator fees, which can be substantial. Additionally, if the case is international, are travel expenses for counsel, assistants and witnesses. The testimony of expert witnesses that may be required.

What percentage of your practice is dedicated to business law?

Thirty percent of my practice is business law.

Do you typically work with businesses of a certain size, or in a certain industry?

I typically work with small to medium-sized businesses, from both the U.S. and Mexico.

What is your experience in business litigation?

I have represented clients in commercial litigation before Mexican courts for over 25 years, in breach of contract cases, mostly involving domestic and international sales, distribution agreements, and software development cases.

Are you experienced in alternative dispute resolution methods like mediation and arbitration?

Yes, I have acted as both mediator and arbitrator, and have acted as counsel representing parties in these methods of ADR. I have 25 years experience in this area of practice, in Mexico and the United States.

What factors do you consider when advising a client on whether to settle a dispute or fight it out in court?

The factors that I consider ar first, the probability of obtaining a favorable result based on my evaluation of the evidence at hand. I also analyze the current state of the law, in statutes and case law. I also look at the financial situation of the defendant, to see if a favorable judgment would be enforceable.

How long have you practiced in international law, and do you hold any degrees or certificates specific to the field?

Since 1998, and I have a Masters in Law from the University of Pittsburgh for foreign lawyers. I am admitted to practice Law in Mexico, so a lot of my practice involves international law, as it applies to cross-border disputes.

How much of your practice involves international cases or transactions?

Around 20% of my practice is international, either in ligitation or in advising clients in the negotiation and drafting of international contracts.

Have you represented clients before international tribunals, or the courts of foreign countries?

Yes, in arbitration cases administered by the Permanent Court of Arbitration at the Hague, and I am currently representing foreign investors in a case administered by ICSID, against Mexico.

What is your experience in international arbitration and other forms of alternative dispute resolution, and how do you advise a client on when this may work for them?

I have been an arbitrator and mediator for over 25 years, and have represented parties in arbitration in mediation. I have acted in cases involving the laws of Panama, Nicaragua, the United States, Mexico and International Commercial Laws, such as the Sales Convention and the UNIDROIT Principles, among others.

Which areas of international law are your focus, and which types of clients do you most often represent?

My main area of international law, is international commercial law, including the international law of sales, Letter of Credit Law, Incoterms 2020, as well as procedural aspects of cross-border litigation, including international service of process and foreign judgment enforcement in Mexico. Another area that I am often consulted about involves the Hague Child Abduction Convention.

What percentage of your practice is dedicated to trademark law?

About 10 % of my practice involves some sort of IP Law.

What are some examples of trademarks that you have successfully registered, and do you focus on particular industries?

I have registered trademarks for companies in the fast-food franchising sector, coffee shops, construction companies, and tourist services.

What is your experience with international trademark protection?

We do trademark registrations in Mexico.

How long have you been practicing real estate law?

I started when I law intern back in the mid 1990's.

How much of your practice is dedicated to real estate law?

Thirty percent of my practice is real estate law in Mexico.

Do you focus on any particular types of real estate deals or disputes?

I mostly work with U.S. high-net-worth individuals who are purchasing property in Mexico through a bank trust. I also represent buyer's before administrative authorities (consumer protection agency in Mexico) and before courts in Mexico.

[Transactional] Are you familiar with the local real estate market and its regulations?

With the market in the State of Baja California, Mexico.

[Transactional] What is your process for reviewing a purchase and sale agreement, and what key factors do you consider?

I review property records to check that the property is recorded, and that there are no liens. I also review the chain of title to the property, and that it is in conformity with local regulations (construction permits, subdivision authorization). If the seller is a developer, and review the contract to verify if it has been recorded with the Mexican Consumer Protection Agency. If the property is a Mexican land trust, I will at the permit to verify when it expires.

[Transactional] How do you handle due diligence and investigate a property for potential issues?

I look at property records to verify that the property has been properly recorded and that it has no liens. I also run a check on the seller, to identify possible lawsuits that could impact the property that is being sold.

Can you assist in identifying and inventorying the decedent’s assets?

Yes, I can run property and corporate searches in Mexico.

What is your fee structure, and do you require a retainer?

I typically charge 10% of the value of the assets, but the percentage is negotiable, depending on payment terms. Yes, I typícally request a retainer to begin the case.

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Alejandro Osuna

Cross-border litigation expert in Mexico, and Arbitration specialist

28 years of experience
Arbitration & Mediation, Business Law, International Law ...
Mexico

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Biography

I focus my practice on International Commercial Arbitration and Mediation, Cross-border Litigation, Enforcement of Foreign Judgments in Mexico, and International Commercial Transactions, including secured transactions, sales and distribution agreements, letters of credit law, franchising, and joint ventures. Additionally, I work in areas related to Foreign Investments and International Law. I am fluent in both Spanish and English.

I was born in Tijuana, Baja California, Mexico, on April 9, 1969, and was admitted to practice law in 1997. My academic journey includes earning an LLM from the University of Pittsburgh’s School of Law in 1998 and a JD from the Law School of the Universidad Iberoamericana in Tijuana, Mexico, in 1995.

Over the years, I have participated in various courses and programs to deepen my knowledge. In August 2023, I completed a Certificate in Maritime Law at the Autonomous Technological Institute of Mexico (ITAM). I have also been actively involved in organizing and speaking at numerous events. For instance, on April 20, 2017, I attended "Looking Ahead: Effectively Arbitrating Complex Disputes in the Global Energy Sector" in Houston, Texas, hosted by the International Centre for Dispute Resolution.

Practice Areas

Arbitration & Mediation: Business - Arbitration/Mediation, Consumer - Arbitration/Mediation

Business Law: Business Contracts, Business Dissolution, Business Finance, Business Formation, Business Litigation, Franchising, Mergers & Acquisitions, Partnership & Shareholder Disputes

International Law: Imports & Exports

Trademarks: Trademark Litigation, Trademark Registration

Real Estate Law: Commercial Real Estate, Condominiums, Homeowners Association, Mortgages, Residential Real Estate

Probate: Probate Litigation

Additional Practice Areas

Mexican Law
Expert Witness on Mexican Law

Fees

Free Consultation
Free consultation is a phone call or video conference of up to thirty minutes.
Contingent Fees
I typically accept cases that have a contingent fee element. For example, I may charge a client up-front fees for complaint drafting, hearings and motions at a reduced rate, but will include a success fee, and a fee for enforcement of the judgment or award.
Rates, Retainers and Additional Information
Depending on the type of case, my fee is typically $200 dollars per hour for litigation cases. Arbitration cases are charged at an agreed rate. When acting as an arbitrator, my fee is $450 US Dollars per hour.

View Additional Fee Information ›

Jurisdictions Admitted to Practice

Mexico: ID Number: 2553117
Since 1997

Languages

English: Spoken, Written
Spanish: Spoken, Written

Professional Experience

Managing Partner: Osuna Gonzalez y Asociados; 2009 - Current

Partner: Osuna & Rivero; 2001 - 2009

Solo Practitioner: Alejandro Osuna; 1998 - 2001

Junior Associate: Krasovsky and Associations; 1994 - 1997

Education

ITAM: Certificate in Maritime Law (2023) | Mexican and International Maritime Law; 2022 - 2023

American University Washington College of Law: Certificate in International Arbitration and Investment Arbitration (2010) | International ADR; 2010 - 2010

University of Pittsburgh School of Law: LL.D. (1998) | International and Comparative Law.; 1997 - 1998; I wrote articles for the University Pittsburgh's Journal of Law & Commerce.; Activities: Law Review.

Universidad Iberoamericana -Tijuana: J.D. (1997) | Law; 1990 - 1995

Professional Associations

International Chamber of Commerce (Mexico Chapter): Member; 2013 - Current; Activities: Have collaborated in organizing events in Tijuana, Mexico on international arbitration. I frequently provide training on Incoterms 2020 and International Contract Law.

National Association of Business Lawyers Baja California Chapter (ANADE in Spanish): Member; 2013 - Current; Activities: I often collaborate as a speaker at events organized by ANADE, addressing topics on international contract law and cross-border litigation.

Chartered Institute of Arbitrators: Fellow; 2012 - Current

About Our Practice FAQs

Arbitration & Mediation

Q: How long have you (Alejandro Osuna) represented clients in arbitration or mediation?: A: I have represented clients in arbitration and mediation for close to 25 years in Mexico and in the United States, under the following rules: AAA, ICDR, ICC, ICSID, and in Mexico under the rules of the Mexican Arbitration Center, and the arbitration rules of the Mexico City Chamber of Commerce.

Q: What substantive matters do you (Alejandro Osuna) usually handle in arbitration or mediation?: A: The matters I have been involved with include infrastructure in the energy sector, highways, franchising, international sales and distribution agreements, and international joint venture disputes.

Q: Have you (Alejandro Osuna) served as an arbitrator or mediator?: A: Yes I have. And have done so in Mexico and in the United States.

Q: How do you (Alejandro Osuna) bill for your services, and do you require a retainer?: A: I usually offer clients two billing methods: Per hour at $450 US dollars per hour and typically request a $10,000 retainer. The other method I have used is a "pay-as-you-go" basis, where payments are made at different phases of the case.

Q: What other costs should a client anticipate beyond your (Alejandro Osuna) fee?: A: Other costs that a client should consider are Institutional and arbitrator/mediator fees, which can be substantial. Additionally, if the case is international, are travel expenses for counsel, assistants and witnesses. The testimony of expert witnesses that may be required.

View More Arbitration & Mediation FAQs ›

Business Law

Q: What percentage of your (Alejandro Osuna) practice is dedicated to business law?: A: Thirty percent of my practice is business law.

Q: Do you (Alejandro Osuna) typically work with businesses of a certain size, or in a certain industry?: A: I typically work with small to medium-sized businesses, from both the U.S. and Mexico.

Q: What is your (Alejandro Osuna) experience in business litigation?: A: I have represented clients in commercial litigation before Mexican courts for over 25 years, in breach of contract cases, mostly involving domestic and international sales, distribution agreements, and software development cases.

Q: Are you (Alejandro Osuna) experienced in alternative dispute resolution methods like mediation and arbitration?: A: Yes, I have acted as both mediator and arbitrator, and have acted as counsel representing parties in these methods of ADR. I have 25 years experience in this area of practice, in Mexico and the United States.

Q: What factors do you (Alejandro Osuna) consider when advising a client on whether to settle a dispute or fight it out in court?: A: The factors that I consider ar first, the probability of obtaining a favorable result based on my evaluation of the evidence at hand. I also analyze the current state of the law, in statutes and case law. I also look at the financial situation of the defendant, to see if a favorable judgment would be enforceable.

View More Business Law FAQs ›

International Law

Q: How long have you (Alejandro Osuna) practiced in international law, and do you hold any degrees or certificates specific to the field?: A: Since 1998, and I have a Masters in Law from the University of Pittsburgh for foreign lawyers. I am admitted to practice Law in Mexico, so a lot of my practice involves international law, as it applies to cross-border disputes.

Q: How much of your (Alejandro Osuna) practice involves international cases or transactions?: A: Around 20% of my practice is international, either in ligitation or in advising clients in the negotiation and drafting of international contracts.

Q: Have you (Alejandro Osuna) represented clients before international tribunals, or the courts of foreign countries?: A: Yes, in arbitration cases administered by the Permanent Court of Arbitration at the Hague, and I am currently representing foreign investors in a case administered by ICSID, against Mexico.

Q: What is your (Alejandro Osuna) experience in international arbitration and other forms of alternative dispute resolution, and how do you advise a client on when this may work for them?: A: I have been an arbitrator and mediator for over 25 years, and have represented parties in arbitration in mediation. I have acted in cases involving the laws of Panama, Nicaragua, the United States, Mexico and International Commercial Laws, such as the Sales Convention and the UNIDROIT Principles, among others.

Q: Which areas of international law are your (Alejandro Osuna) focus, and which types of clients do you most often represent?: A: My main area of international law, is international commercial law, including the international law of sales, Letter of Credit Law, Incoterms 2020, as well as procedural aspects of cross-border litigation, including international service of process and foreign judgment enforcement in Mexico. Another area that I am often consulted about involves the Hague Child Abduction Convention.

View More International Law FAQs ›

Trademarks

Q: What percentage of your (Alejandro Osuna) practice is dedicated to trademark law?: A: About 10 % of my practice involves some sort of IP Law.

Q: What are some examples of trademarks that you (Alejandro Osuna) have successfully registered, and do you focus on particular industries?: A: I have registered trademarks for companies in the fast-food franchising sector, coffee shops, construction companies, and tourist services.

Q: What is your (Alejandro Osuna) experience with international trademark protection?: A: We do trademark registrations in Mexico.

View More Trademarks FAQs ›

Real Estate Law

Q: How long have you (Alejandro Osuna) been practicing real estate law?: A: I started when I law intern back in the mid 1990's.

Q: How much of your (Alejandro Osuna) practice is dedicated to real estate law?: A: Thirty percent of my practice is real estate law in Mexico.

Q: Do you (Alejandro Osuna) focus on any particular types of real estate deals or disputes?: A: I mostly work with U.S. high-net-worth individuals who are purchasing property in Mexico through a bank trust. I also represent buyer's before administrative authorities (consumer protection agency in Mexico) and before courts in Mexico.

Q: [Transactional] Are you (Alejandro Osuna) familiar with the local real estate market and its regulations?: A: With the market in the State of Baja California, Mexico.

Q: [Transactional] What is your (Alejandro Osuna) process for reviewing a purchase and sale agreement, and what key factors do you consider?: A: I review property records to check that the property is recorded, and that there are no liens. I also review the chain of title to the property, and that it is in conformity with local regulations (construction permits, subdivision authorization). If the seller is a developer, and review the contract to verify if it has been recorded with the Mexican Consumer Protection Agency. If the property is a Mexican land trust, I will at the permit to verify when it expires.

Q: [Transactional] How do you (Alejandro Osuna) handle due diligence and investigate a property for potential issues?: A: I look at property records to verify that the property has been properly recorded and that it has no liens. I also run a check on the seller, to identify possible lawsuits that could impact the property that is being sold.

View More Real Estate Law FAQs ›

Probate

Q: How long have you (Alejandro Osuna) been practicing probate law?: A: Over twenty years.

Q: Can you (Alejandro Osuna) assist in identifying and inventorying the decedent’s assets?: A: Yes, I can run property and corporate searches in Mexico.

Q: What is your (Alejandro Osuna) fee structure, and do you require a retainer?: A: I typically charge 10% of the value of the assets, but the percentage is negotiable, depending on payment terms. Yes, I typícally request a retainer to begin the case.

View More Probate FAQs ›

Publications

Articles & Publications

THE INTERPRETATION IN MEXICO OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS: Villanova Law Review; 2014

Speaking Engagements

Arbitration, Mediation and Dispute Panels in the Construction Industry, La Paz, Baja California Sur, Mexico: November 2016; Mexican Chamber of Construction Industry

The Seller's Rights Against the Buyer under the United Nation's Convention on Contracts for the International Sale of Goods, Guadalajara, Jalisco, Mexico: November 2017; National Association of Business Lawyers (ANADE)

U.S.-Latin America Cross-Border Practice Roundtable Discussion, Los Angeles, California, USA: August 2018; JAMS

Cross-Border Disputes, Trin-National Conference, San Diego, California: April 11, 2024; National Association of Business Lawyers; I spoke about the requirements to enforce foreign judgments in Mexico.

From Theory to Practice. Arbitration of International Contract Disputes., Monterrey Mexico: October 2019; International Chamber of Commerce

Cross Border Dispute Resolution; Challenges and Perspectives, Tijuana, Baja California, Mexico: June 20, 2019; JAMS and the US Mexico Bar Association

The Mexican Judiciary's Experience In Applying the Vienna Sales Convention, San Jose, Costa Rica: November 2013; UNCITRAL and Costa Rican Chapter of the International Chamber of

View More Speaking Engagements ›

Certifications

Certified INCOTERMS 2020 Specialist: International Chamber of Commerce; 2020

Websites & Blogs

Website: Osuna Gonzalez Arbitration and Dispute Resolution

Social Media

Contact & Map

Osuna Gonzalez y Asociados

Boulevard de Las Américas 5310 Interior 6

Lomas de Agua Caliente

Tijuana 22024
Mexico

Toll-Free: (619) 734-0202

Telephone: (664) 608-0503

Cell: (664) 321-7407

Email Alejandro Osuna

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