Luis Enrique Graham

Partner

Practice Description

Luis Enrique Graham has extensive experience in complex civil and commercial litigation, and alternative dispute resolution procedures, including domestic and international arbitration before the ICC, the ICDR (AAA), the LCIA, NAFTA/ICSID and other tribunals. He also counsels clients in connection with anticorruption regulations, including FCPA (and other U.S. regulations), local anticorruption regulations in Mexico and other international instruments. Mr. Graham is providing counsel to companies highly exposed to class actions on the grounds of the recently published class actions legislation.

Mr. Graham is recognized as one of the world’s best litigation and arbitration practitioners by Chambers Global and by The International Who's Who of Commercial Arbitration and The International Who's Who of Business Lawyers.

He is the former President of the Mexican Bar Association.

Representative Matters

Litigation / Anticorruption Regulation 

• Coordinated a pro-active FCPA corporate compliance review in Mexico for a major pharmaceutical company.
• Coordinated review of documents and preparation of the report with relevant documents obtained in a pro-active FCPA corporate compliance in Mexico.
• Lead counsel to a U.S. company in a title insurance dispute regarding a large project in Mexico.
• Supervised review of documents in an internal investigation of potential corrupt practices in potential violation of company policy and potentially of FCPA.
• Supervised interviews with staff in order to gather information during a pro-active FCPA corporate compliance review.
• Successfully represented a U.S. corporation in a real estate dispute regarding the possession of industrial facilities. Respondent counterclaimed for compensation for purported unlawful possession of the facilities.
• Coordinated the review of documents in the U.S. regarding an American company’s distribution operations in Latin America in a large pro-active FCPA corporate compliance review.
• Supervised interviews with distributors of an American Company in Latin America in order to review their policies compliance.
• Provide information to the distributors and staff of an American company in connection with the FCPA and other anti-corruption regulation.
• Represented a shareholder claimant in a lawsuit involving a compensation for liability incurred by the company's administration. Reached a favorable settlement.
• Represented a public U.S. Company involved in the minerals industry, as defendant, in a controversy with one of its distributors. The client prevailed in all the claims subject matter of the dispute.
• Represented a U.S. company, as claimant (major participant in the transportation and maritime terminals business in the U.S. and Mexico), in a multimillion dollar litigation and arbitration of corporate disputes against its Mexican counterparts (commercial litigation before Mexican courts and arbitration; AAA, Mexico, English). Obtained a favorable settlement in the arbitration and favorable decisions in court proceedings.
• Lead counsel to a U.S. company in insurance litigation before Mexican courts regarding damages to a major beach resort.
• Prepared and conducted a deposition of a hostile witness before a Civil Court in Mexico City in aid of a U.S. Court proceeding relating to a SEC investigation and in application of the Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters.
• Initiated a claim procedure and successfully negotiated a settlement, as leading counsel, in a multimillion dollar dispute between a Mexican investor and the Government of the Dominican Republic.
• Has represented creditors in defending their interest in major bankruptcy proceedings before the Mexican courts.
• Obtained the compensation relief sought in commercial proceedings involving the production of one of the Mexican sports radio shows with the highest ratings.

Arbitration

• He is part of the Chadbourne Dispute Resolution Team that has been nominated for Chambers Latin America Awards for Excellence in the category of International Arbitration International Counsel in Latin America.
• Has served as arbitrator in domestic and international arbitrations covering the following industry areas: telecommunications (CAM, Spanish); computer and informatics services (CAM, Spanish); oil industry (ICC, English), electricity industry (ICC, Spanish), automobile (Canaco, Spanish), automobile (ICC, English), maritime services (Canaco, Spanish).
• Represented one of the world's leading power companies in an arbitration against a public company from a Central American state in a dispute involving a geothermal project worth USD 200 million (ICC, Paris, Spanish).
• He is a member of the ICC Latin-American Group of Arbitration and is on the roster of arbitrators of the listed arbitrator by the American Chamber Peru, The International Centre for Dispute Resolution, and the Commercial Mediation and Arbitration Center of the Argentinean Chamber of Commerce.
• Successfully represented a client in a controversy involving the communications cable industry (ICC, Mexico, English). The dispute concerned the exercise of shares option through a buy and sell provision.
• Lead counsel to a major shipping company in an arbitration related to a stock purchase agreement (ICC, New York, English).
• Represented a Mexican investor in the successful negotiation of a settlement in a multimillion dollar dispute against the Government of the Dominican Republic.
• Representing a public sector company in one of the largest arbitrations in Latin America over an oil and gas project in Mexico (ICC, Mexico, Spanish).
• Successfully defended a leading U.S. corporation in an international arbitration (AAA, Mexico, English) in the fast food franchise industry. All claims against the client were dismissed and compensation was obtained for damages.
• Successfully defended client in a multimillion dollar U.S. arbitration concerning a major office supplies distributorship agreement. All claims against the client were dismissed (UNCITRAL, Mexico, Spanish).
• Advisor to an investor party, on issues of Mexican law, in an ICSID investment arbitration related to monetary claims due to government actions to the detriment of claimant's investment.
• Represented one of the world's biggest automobile manufacturers in an arbitration (CAM, Mexico, English) involving an information technologies contract. Obtained a favorable settlement.

Honors

Activities and Affiliations

• President of the Mexican Bar Association (2007-2009).
• Member of Mexico's Advisory Committee of the Ministry of Public Service, since 2011. 
• Former Commercial Law Board Chairman.
• Mexican Delegate before the UNCITRAL (United Nations) Working Group on International Commercial Arbitration, since 1999.
• Advisor to the Ministry of Foreign Affairs since 2006.
• Member of the Arbitration and Mediation Commission of the National Chamber of Commerce of Mexico City.
• Member of the Dispute Consulting Committee of the North America Free Trade Agreement, from 1996 through 2006.
• Member of the ICC Latin-American Group of Arbitration, since 2005.
• Member of the Advisory Board of the Institute for Transnational Arbitration, since 2004.
• Listed arbitrator by the American Chamber Peru, The International Centre for Dispute Resolution, and the Commercial Mediation and Arbitration Center of the Argentinean Chamber of Commerce.

Publications

Mr. Graham has written extensively on commercial arbitration and mercantile, corporate and procedural law.

Speeches and Events