Andrés Moreno Gutierrez is an accomplished arbitration lawyer with top-tier expertise in investment arbitration matters.
Partner at Moreno Baldivieso in Bolivia, where he has led the international arbitration practice since 2006. Currently serves as member of the ICC International Court of Arbitration based in Paris, France.
Andres Moreno is admitted to practice in Bolivia, LLM from Universidad Pontificia Comillas – ICADE in Spain and post graduate degrees from Harvard Law School and University of Oxford.
Considered as one of the most experienced and reputed Bolivian international arbitration practitioners by the most important and influential legal directories worldwide.
What inspired you to pursue a career in international commercial arbitration?
In 2006, I found international arbitration as a remedy and valid alternative for the administration of justice in my country. Unfortunately, our local court system faced a downward spiral that led to devastating consequences in recent times. International arbitration became a safeguard and guarantee for foreign investors to believe in Bolivia.
In what ways have you noticed tribunals becoming more sophisticated and entertaining a greater variety of techniques in proceedings?
I think tribunals got more sophisticated in the post pandemic era. I believe the tendency now is to utilize mixed - in person/virtual - techniques during different phases of the procedure. Technology has become a powerful tool that plays in favour of arbitral tribunals for better assessing and resolving each case.
If you could implement one reform for international arbitration, what would it be and why?
I think many proposals for reforms are currently under discussion. From my perspective, one of the most important matters is to address whether an appeal phase should be implemented to international arbitration or not. I think this matter is under deep discussion and there are pros and cons from every perspective.
Arbitrator independence and disclosure is a hot topic, with concerns that standards are opaque and restrictive. Do you agree?
I have the firm conviction that arbitrator independence and disclosure are two key elements of the arbitral institution itself. Although certain policies might be considered as restrictive, I believe that independence and disclosure requirements need to be firm and very clear.
It is reported that there is a new generation of arbitrators emerging who are increasingly specialised. How does increased specialisation benefit the arbitration market and what are the potential pitfalls?
Specialization is always a powerful mechanism. I believe that this will be reflected in solid procedures and high-quality awards in the years to come.
How do you anticipate your arbitration practice developing over the next few years?
I´m very excited about the next couple of years. The arbitration market in Bolivia is becoming sophisticated and international matters will be seen with more frequency. I look forward to playing an active role in the arbitration community.
How does Moreno Baldivieso Estudio de Abogados stand out among competition in the market?
We are extremely satisfied with the leading role of our firm in the Bolivian arbitration market. Deeply honored to be part of and to lead such a fantastic team of professionals and superb human beings. We are a Bolivian firm with a true international profile.
What is the best piece of career advice you have ever received?
Think once, twice, think again and then speak. Repeat.