José Covarrubias

Biography

José is a litigation attorney with more than 20 years of experience in various judicial proceedings regarding a wide spectrum of civil and commercial disputes, including bankruptcy proceedings. He has participated in multiple arbitrations of the International Chamber of Commerce, with a significant experience in disputes with independent energy producers and in the construction of electrical infrastructure. Likewise, he has experience in the drafting of energy supply agreements (PPAs) and natural gas supply agreements, as well as construction agreements (EPCs).

José holds a law degree from the Instituto Tecnológico Autónomo de México, an LLM from Northwestern University and a Legal Argumentation Specialty from the Instituto Tecnológico Autónomo de México (ITAM).

Experience

Commercial Litigation

• Defended the rights and interests of the estate of a private client in a nullity action regarding the sale and purchase of land in Baja California Sur more than fifty years ago with a value of more than 25 million pesos.
• Represented Investigación Farmacéutica S.A. de C.V. on legal actions to recover the possession of a property located in the city of Cuautla, Morelos.
• Represented a private client in a summary collection action, securing a final ruling which ordered the defendant to pay the amount claimed plus ordinary and default interests accrued.
• Represented Aceros Camesa S.A. de C.V., a subsidiary of WireCo WorldGroup, world's largest manufacturer of wire rope, in a dispute against a subsidiary of Mexico’s largest construction company and its holding company, to collect amounts owed for the sale of diverse steel products.
• Represented Getman Corporation, a global supplier of mobile equipment, with over 65 years of experience in customer-focused solutions for the underground mining industry, in a dispute brought by a former distributor in Mexico, alleging the breach of an exclusive distribution agreement.
• Represented an Assian Car Assambler in multiple disputes with a former bus and truck dealer in Mexico. Certain provisional measures that seriously affected the operations of the client's subsidiaries in Mexico were suspended and revoked.
• Represented Overseas Private Investment Corporation in a mortgage foreclosure action on a multimillion-dollar real estate property in Puerto Vallarta, Jalisco.
• Represented an Aircraft Leasing Company (Galaxy) in taking possession of a leased aircraft from a Mexican regional airline.
• Represented a European car manufacturer in non-pecuniary damage proceedings.

Commercial Arbitration 

• Represents Crowley Technical Management, Inc./ Marine Management Services, Inc. in the judicial proceedings for the enforcement of the award in Mexico, and other related procedures.
• Represented Exportadora de Sal, S.A. de C.V. in a proceeding for the annulment of the award or the rejection of its enforcement.
• Represented the Federal Electricity Commission (CFE) in numerous ICC commercial arbitrations (more than 10), in relation to construction disputes and controversies with independent energy producers.
• Advised Japan Tobacco International in a series of disputes brought by and against a former distributor in Mexico. We also represented the Client in the proceedings for the enforcement and recognition of an arbitral award obtained issued in France, under the rules of the ICC.
• Represented Fideicomisos Instituidos en Relación con la Agricultura (FIRA) in several multimillion-pesos trials against non-banking financial intermediaries, which allocated FIRA’s financial resources among rural producers.

Insolvency & Restructuring

• Represented Landsteiner Scientific, one of Mexico's largest and most important pharmaceutical companies, in obtaining a financing agreement.
• Represented Paclease Mexicana, S.A. de C.V. as a creditor in the insolvency proceedings of Transportes Suri, S.A. de C.V.
• Represented a Syndicated group of development banks (FMO-DEG-IIC) in the separation and takeover of a portfolio of mortgage loans with a value of more than $ 30 million dollars.
• Represented Export Import Bank in the bankruptcy proceedings of a commercial airline company, where 5 aircraft were separated and recovered that were assigned to a trust as a guarantee of financing.
• Represented a North American bus producer in the negotiation and formalization of a restructuring agreement in the tender procedure of a Mexican auto transport company.

Energy

• Acted as advisor of CFE to its participation in the Wholesale Electricity Market through the negotiation and formalization of multiple contracts for the supply of electricity and natural gas.
• Advised a Qualified service provider on the negotiation of an electricity coverage and financing contract with one of the most important energy marketers worldwide.

 

Education

Legal Argumentation Specialty, Instituto Tecnológico Autónomo de México (ITAM), Mexico, 2010

 

LLM, Northwestern University Chicago, United States of America,2007

 

Civil Litigation Specialty, Universidad Panamericana, Mexico, 2005

 

Insurance Law Specialty, Instituto Tecnológico Autónomo de México (ITAM), Mexico, 2010

 

Law degree, Instituto Tecnológico Autónomo de México (ITAM), Mexico, 2003