Estuardo Marchena
Associate
- emarchena@altalegal.com
- +502 2277 1111
- +502 2277 1162
- Guatemala
PRACTICE AREAS
languages
Stuart is an associate of ALTA Guatemala has over seven years of experience in negotiations, complex litigation, and arbitration, both in Guatemala and internationally. His practice covers a wide range of industries, including infrastructure, telecommunications, technology, insurance, food, pharmaceuticals, energy, and mining.
He has advised clients on commercial and corporate disputes, including shareholder conflicts and disputes over interpretation, breach, and termination of distribution, supply, leasing, technological development, and service provision contracts. He has also participated in complex transactions and in strategic negotiation and crisis management processes.
Estuardo has actively participated in institutional and ad-hoc arbitrations under rules such as ICC and ICDR, and has been appointed Secretary of Arbitral Tribunals in proceedings of alta technical and economic complexity. His experience includes litigation that has helped shape constitutional jurisprudence on arbitration in Guatemala.
Additionally, he advises investors and business groups on constitutional and administrative litigation, especially in cases with a significant regulatory and technical component, providing a comprehensive approach that combines litigation practice with a solid understanding of the productive sectors involved.
He is currently a full professor at Rafael Landívar University, where he teaches Alternative Dispute Resolution, and is a coach and selector of teams at Francisco Marroquín University for international commercial and investment arbitration competitions (Willem C. Vis Moot and CAII).
Recognitions
- Recognized as an emerging dispute resolution expert by the Legal 500 global legal directory.
- Antonio Machado y Palomo Award for the best average accumulated during undergraduate studies.
- Luis Beltranena Sinibaldi Award for the highest average in administrative law courses.
Academic Background
- Specialization in Mediation and Conflict Resolution, ESSEC Business School, France, 2021.
- Specialization in energy production, distribution and security, University at Buffalo and The State University of New York, United States, 2020.
- Postgraduate studies in Economics and Regulation of Electricity Markets, Universidad San Carlos de Guatemala, 2020.
- Diploma and Certification in Mediation and Dispute Resolution, International Mediation Center, 2020.
- Bachelor's degree in legal and social sciences, with honors, Francisco Marroquín University, 2019.
Associations and affiliations
- Guatemalan Bar Association.
- Guatemalan Arbitration Association: Founding member.
- Young ICCA.
- Young ICSID.
Experience
- Counseling attorney for the largest mining projects (US$ 2.8 billion) and renewable energy generation (430 MW) in Guatemala in administrative actions against the Ministry of Energy and Mines and the National Electrical Energy Commission (“CNEE”); and in protections related to ILO Convention 169.
- Advising lawyer in arbitrations administered by the International Court of Arbitration of the International Chamber of Commerce ("ICC") on the interpretation, execution and breach of contracts for the purchase of power and electrical energy ("PPA's")
- Advising lawyer in an arbitration on the interpretation and breach of a contract for the implementation and development of hardware and software.
- Advisory lawyer to multiple agents participating in the Guatemalan and Central American electricity sector for crisis management, negotiations and interpretation of contractual commitments