E-COMMERCE, FINTECH AND CRYPTOCURRENCIES IN COMMERCIAL LAW

The context of the global pandemic has a negative impact on many areas of human life and, in some others, forces us to adapt more quickly to processes that began to develop just a few years ago. The performance of procedures and services at a distance, the boom of e-commerce, the boom of companies known as fintechs and the irruption of cryptocurrencies to the global reality of our times are issues whose legal framework should be expanded and updated as soon as possible.

For attorney Luis Robles Santamarina, whose specialty is commercial litigation, it is precisely on these issues where one of the main challenges for the authorities in the coming years is concentrated.

Robles Santamarina represents a generation of young litigators who have experienced this transition in a gradual manner and who, since the pandemic, have accompanied it in this process of acceleration. This is why he can make a clear analysis projecting the future.

«I believe that one of the challenges in Mexico is that commercial legal regulation must evolve to fully recognize the new reality. It is already starting in terms of electronic contracting; the existing electronic signature in the Code of Commerce (Código de Comercio) and in the banking legislation are a big step, as well as the regulation, quite extensive, of fintechs. However, I think that there is still a need to improve the existing regulation and to evolve in other aspects such as the cryptocurrency industry and everything related to clean energy. These are the three areas that will dominate the commercial law landscape in the coming years» he says.

Another observation is that this transformation also requires more agile and efficient procedures to execute judgemenets:

«Even though there has been progress in the establishment of oral commercial proceedings for disputes of a certain amount, to cite an example, these are still too formal, with many instances.

The mechanisms are still inefficient and cumbersome, so that enforcing a judgment in favor of a client becomes very complicated in Mexico. This does not help trade or the country’s economy, due to the high legal risks arising from these difficulties» he explains.

The mechanisms are still inefficient and cumbersome, so that enforcing a judgment in favor of a client becomes very complicated in Mexico. This does not help commerce or the country’s economy, due to the high legal risks that arise from these difficulties» he explains.

The challenge in this case is to find a process that strikes a healthy balance in order to guarantee the human rights of the parties, without sacrificing the speed and efficiency necessary in commercial proceedings.

A graduate of the Escuela Libre de Derecho and with a master’s degree from Northwestern University in the United States, Luis Robles Santamarina is currently a civil law professor at the Escuela Libre de Derecho  and partner of the firm Ramirez Ornelas, which specializes in civil, commercial and administrative litigation. A firm with strict policies as to the type of matters it takes on.

«We prefer to take on fewer matters, so that we have enough time and resources to attend to each one as it is due. This selective policy allows us to us to provide a better service to our clients» he says.

In addition to the firm’s selective policy, the partners also handle pro bono matters.

«In my case, my pro bono practice has focused on family matters. I currently have several divorce cases and alimony disputes. I believe that these types of matters are where I can contribute the most to society. Family is the foundation of society and family matters can be the most important and sensitive» he concludes.

The course of Mexican law is in the hands of this generation of lawyers, with capability and social commitment, who do not stop preparing themselves for the changing scenarios at a global level.

Strategic Sectors

Over many years of practice, the firm has represented the interests of multiple business sectors in different matters, which include:

  • Agribusiness
  • Financial and Banking
  • Corporate Business
  • Energy
  • Entertainment
  • Insurance and Surety
  • Health
  • Securities
  • Mining
 
  • Maritime
  • Railroad
  • Security
  • Real Estate
  • Telecommunications
  • Construction & infrastructure

«The firm’s success rate in obtaining favorable results for its clients and its exceptional client service, both in trials and in negotiations and conciliations, is the factor that sets Ramírez Ornelas Abogados apart from the rest of the market.»

Awards

Legal 500
Legal 500
Top lawyers
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“Ramírez Ornelas Abogados concentrates on commercial litigation, with a special focus on bankruptcy and insolvency where it represents creditors and insolvency companies in both in and out-of-court cases.”
Benchmark Litigación
Benchmark Litigación
High recommended
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“Ramírez Ornelas Abogados is a boutique firm has seen considerable success since its inception.”
Leaders League
Leaders League
Ranking
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Civil and Commercial Litigation

Ramírez Ornelas Abogados is well recognized in civil and commercial litigation practice as one of the leading law firms in the country, based on its high percentage of success in resolving disputes in favor of its clients. Which is the main reason why clients hire its services.

Administrative Litigation

Ramirez Ornelas Abogados has extensive professional experience in the area of administrative litigation, successfully defending and representing its clients affected by acts of authority, always devising the best strategy for its clients to see their interests restored in the shortest possible time.

Bankruptcy & Restructuring

Since its foundation, Ramírez Ornelas Abogados has built a reputation as one of the most prestigious firms in the insolvency practice, participating, since the early 1980s and to date, in the most complex and emblematic insolvency proceedings handled in our country, thus contributing to the development of the practice and jurisprudence in this area.

Arbitration

In the course of its history, Ramírez Ornelas Abogados has proven to excell in the defense of its clients’ interests in arbitration disputes, administered by both local and international institutions, taking advantage at all times of the distinctive aspects of arbitration to the benefit of its clients.

Family Law

Ramírez Ornelas Abogados has extensive experience defending the interests of its clients in cases related to the dissolution of marriage, alimony, custody, parental authority, adoption, interdiction and guardianship issues, as well as in complex inheritance proceedings.

Corporate Disputes

Ramírez Ornelas Abogados has maintained over the years a successful and outstanding performance in corporate disputes between shareholders, successfully representing shareholders and enterprises across a wide range of sectors. Partaking  in some of the most important shareholder disputes in Mexico, throughout the more than 20 years of the firm’s existence.

ENERGY LAW

Ramírez Ornelas Abogados have professionals who could assist clients in the electricity and hydrocarbons subsectors (mainly midstream and downstream), both in the configuration of business plans and in the structuring of various legal schemes for the construction, operation, and financing of electricity generation plants.

Where to find us?

We know the importance of offering personalized and professional advice.

We are in our offices at any time, a virtual or face-to-face meeting (by appointment).

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SECTORES ESTRATÉGICOS

Durante muchos años de práctica, la firma ha representado los intereses de múltiples sectores empresariales en diferentes materias, que incluyen:

  • Agroindustrial
  • Financiero y Bancario
  • Negocio corporativo
  • Energía
  • Entretenimiento
  • Seguros y Fianzas
  • Salud
  • Bursátil
  • Minería
  • Marítimo
  • Ferrocarrilero
  • Seguridad
  • Inmobiliario 
  • Telecomunicaciones
  • Construcción e infraestructura

“ La tasa de éxito de la firma en la obtención de resultados favorables para sus clientes y su excepcional atención al cliente, tanto en juicios como en negociaciones y conciliaciones, es el factor que diferencia a Ramírez Ornelas Abogados del resto del mercado.”