Andrés Moreno: “The client plays an important role in the arbitration process, there is a very close and participative relationship with the lawyers”

We spoke with Andrés Moreno, partner at Moreno Baldivieso, on the occasion of his participation in the I Arbitration Channel Summit, which is being held today, 10 May, in Rio de Janeiro (Brazil) with the collaboration of Gericó Associates as media partner. 

In the context of your participation in the 1st Arbitration Channel Summit, can you give us a first insight into clients’ perspectives on the arbitration process?

Over the last few years, arbitration has become a recurrent instrument for clients to resolve their disputes. Nowadays, the client plays a major role in the arbitration process; there is a very close and participatory relationship with the lawyers. A bond of mutual trust is being built where each party plays its role, aiming at the same objective.

Which jurisdiction do you think is currently leading in international arbitration?

If we look at the region, I have no doubt that the most advanced countries are Peru and Colombia. Both have very up-to-date rules, as well as a culture of institutional respect for arbitration. If we analyse other places in the world, Singapore, England and France are very advanced and we cannot underestimate the United States or Spain, which are also very important.

What challenges and opportunities lie ahead for arbitration in Bolivia?

I think Bolivia has grown a lot in terms of arbitration. The main challenge remains education and joint collaboration to avoid the judicialisation of arbitration in our country. In Bolivia we still lack a lot of respect for arbitration as such.

In your professional career you have represented the interests of private investors in the most important investment arbitration in the history of Bolivia (claim for USD $1.5 billion), what would you highlight about this procedure?

It is a process that was carried out several years ago, which was an effect of the nationalisation of hydrocarbons carried out by former President Morales at the time. It was a very big and very interesting case, because it was the first international experience notified to ICSID, after Bolivia denounced the Washington Convention in 2007. It was a very emblematic case.

Moreno Baldivieso has been recognised for five consecutive years as one of the 100 best arbitration practices, what makes this recognition possible?

I am convinced that this recognition is due solely and exclusively to our arbitration team. Today, we have a sophisticated team dedicated exclusively to the practice of arbitration. We are the only Bolivian firm in the ranking of the 100 most important firms in the world and this motivates us a lot for the future.

In addition to the international arbitration practice, in your firm you lead M&A and insurance: Is there a meeting point between all of them?

Certainly. The areas of M&A and insurance and arbitration complement each other very much, at least in Bolivia most of the transactions of purchase and sale of companies or company functions contain arbitration clauses as a dispute resolution mechanism and, on the other hand, arbitration in insurance is mandatory by law, so the link is even closer.

What professional challenges would you like to achieve and which ones have you already achieved?

One of the most important challenges you have achieved so far is to be a member of the International Court of Arbitration of the ICC. It is a very interesting, very hard work. However, it is an inexhaustible source of continuous learning and I try to make the most of every moment. As for future achievements, I believe that there is still a lot to do for arbitration in my country. Among the things I really want to contribute and help the development of international arbitration in Bolivia. I am convinced that in my country there is plenty of talent, there are practitioners and there are referees of the highest level. They just need to be given the opportunity.

What is the best professional advice you have received?

I come from a country where there is often talk that we are living in a crisis and that it is going to take us down. The truth is that this is not so. Those of us who were born in the 60s and 70s know how to live in crisis. And I believe that one of the most important pieces of advice I received is “learn to see underwater in times of great adversity”; it is in these moments that opportunities are generated.

What role do Marketing and Communication play in your daily work?

Marketing and communication have become very important and necessary tools. Marketing is a vital tool to communicate with the market and the world.

Which book would you recommend and why?

“Art of Negotiation by Michael Wheeler. This book is a practical guide to improve your negotiation skills and reach successful agreements in any field.