Francisco Rivero is an associate in the Business Litigation Practice Group. He has represented clients in a variety of domestic and international litigation and business disputes. Francisco is an adjunct professor at the University of Houston Law Center, co-teaching the course, International Risk Management in Oilfield Services.
Francisco's recent domestic representations include:
- Representation of international sustainable resources company in fraud and breach of contract arbitration.
- Representation of a former airline in a breach of contract case.
- Representation of international financial institution in litigation, enforcement, and collection action.
- Representation of healthcare provider in litigation.
- Representation of a multinational aviation corporation in a breach of contract case involving trade secret infringement.
- Representing a domestic service provider before the AAA in multiple contract execution and fulfillment arbitrations.
- Representation of a Latin American company related to the termination of a share subscription agreement.
- Representation of a Mexican steel manufacturer in U.S.-based litigation.
- Representation of a Mexican maritime company in multiple disputes involving fraud, conversion, tortuous interference with contract and negligent misrepresentation..
Francisco has counseled clients in pre- and post-judgment garnishment proceedings, the pursuit and application of interim and injunctive measures and in the enforcement and execution of foreign judicial decisions and arbitral awards.
Francisco's recent international representations include:
- Representation of a European multinational contractor in a billion dollar ICC construction law arbitration proceeding with a state petroleum company arising from the modernization and expansion of an oil refinery and pipelines.
- Representation of a U.S. multinational corporation in an ICC arbitration relating to a retail sales dispute arising out of an international joint venture dispute in Latin America.
- Representation of a large oil and gas exploration company in an LCIA arbitration against a Nigerian drilling company arising from the breach of a drilling contract and the recovery of spread costs.
- Representation of a U.S. company regarding LNG plant dispute in Western Africa.
- Representation of a multinational maritime corporation in an ICC course of dealing arbitration.
- Representation of an international corporation in the enforcement of a multimillion dollar arbitral award under the Inter-American Convention on International Commercial Arbitration ("Panama Convention").
Francisco has represented clients in complex breach of contract, shareholders' negligence, fraud and alter ego disputes before the AAA, ICC, ICDR and LCIA and has obtained certification in Advanced Arbitration Skills from the A.A. White Dispute Resolution Center.
Francisco serves on the firm's Recruiting and Public Service Committees and as liaison to the Human Rights Initiative (HRI), representing individuals seeking asylum in the United States. Francisco is also involved with the Lawyers for Landrum Mentoring Project and is an active participant in the Consejos Legales Clinic, providing pro bono legal services to Spanish speakers.
Publications and Speeches
- "Recent Developments in the Alien Tort Claims Act and Other Sources of Corporate Liability Abroad," panelist, Haynes and Boone, LLP and Lawrence and Graham LLP Roundtable CLE, April 2012.
- "Enforcement Mechanisms in International Arbitration: The New York Convention" guest lecturer, Qatar University College of Law webcast, March 15, 2012.
- "Perspectives on International Law," The International Law Section, State Bar of Texas and International Law Society Panel, October 2011.
- "Debt Collection in Mexico: A Fear of Attachment" co-author with Antonio Salazar Escobar, Latin American Law & Business Report, Volume 19, Number 4, April 2011.
- International Summit and Business Expo: Bilateral Opportunities with Latin America, April 27, 2011.
- "Depositions in Mexico for U.S. Litigation," co-author with Antonio Salazar Escobar, International Litigation Quarterly, Volume 27, Number 2, Winter/Spring 2011.
- "Interim Measures and Arbitral Clauses" co-author with Sashe D. Dimitroff, International Law Section of Law360.com, March, 2011, www.Law360.com.
- "International Law," The International Law Section, State Bar of Texas and International Law Society of the University of Houston Law Center Panel, February 2011.
- "Perils and Pitfalls for Foreign Law Practitioners in Mexico," co-author with Antonio Salazar Escobar, Latin Lawyer, September 9, 2010, www.latinlawyer.com.
- "Advanced Evidence and Discovery: Requests for Production and Requests for Disclosure - Getting the 'Hard Data'" University of Houston Law Center, Continuing Legal Education, May 2009.
- "Perspectives on International Law," The International Law Section, State Bar of Texas and International Law Society Panel, March 2009.
- "Saving The International Project From Catastrophe," Haynes and Boone/Lawrence Graham Seminar Panel, November 2009.
Honors
- Texas Super Lawyer - Rising Stars Edition by Texas Monthly and Law & Politics, 2007, 2008 and 2011.
- Selected as one of "Houston's Top Attorneys" by H Magazine.
- Named as one of H Texas Magazine's "Professionals on the Fast Track 2009," January 2009.
Selected Representative Experience
Arbitral Award Enforcement
Representation of an international corporation in the enforcement of an arbitral award under the Inter-American Convention on International Commercial Arbitration (“Panama Convention”).
ICDR International Arbitration, situs of arbitration Houston, Texas
Representation of an Indian chemical company against the claims of a U.S. distributor in an ICDR arbitration.
LCIA International Arbitration, situs of arbitration London, England
Representation of U.S. oil and gas exploration company in an LCIA arbitration proceeding against a Nigerian drilling company arising from the breach of a drilling contract and the recovery of spread costs.
ICC International Arbitration, situs of arbitration San Diego, California
Representation of a U.S. multinational corporation in an ICC arbitration relating to a retail sales dispute arising out of an international joint venture dispute in Latin America.
ICC International Arbitration, situs of arbitration Mexico City
Representation of a European multinational contractor in a $1.5 billion ICC construction law arbitration proceeding with a national petroleum company arising from the modernization and expansion of an oil refinery and pipelines.
LCIA International Arbitration, situs of arbitration London, England
Advised U.S. company in an LCIA proceeding arising out of the manufacturing and provision of a special alloy pipelines used in construction of an Indonesian refinery.
ICC International Arbitration, situs of arbitration Mexico City
Representation of a multinational maritime corporation in a course of dealing ICC arbitration.
Online Publications
04/15/2011 -
Depositions in Mexico for U.S. Litigation
The Hague Convention of March 18, 1970, on the Taking of Evidence Abroad in Civil or Commercial Matters was created to facilitate obtaining evidence in commercial matters among civil and common-law legal systems.
04/01/2011 -
Debt Collection in Mexico: A Fear of Attachment
The prospect of international debt collection is an ever-present concern for over 18,000 U.S. companies with investments or operations in Mexico. In the past, once an entity had defaulted, identifying assets and filing suit was a sufficient plan of action for creditors.
03/01/2011 -
Interim Measures And Arbitral Clauses
After months of negotiation, you have successfully procured a multimillion-dollar oil and gas project. Knowing the level of investment involved, you take all the precautions you can think of to ensure the success of your endeavor via what you believe to be a “bulletproof” arbitration clause - seemingly avoiding the perceived biases found in foreign national courts and selecting “safe” forums (such as London or Stockholm) and laws (such as New York). Things are under control. Or are they?
09/09/2010 -
Perils and Pitfalls for Foreign Law Practitioners in Mexico
Haynes and Boone LLP associates
Francisco Rivero, in Houston, and
Antonio Salazar Escobar, in Mexico City, examine the potential dangers for members of the business community facing criminal accusations in Mexico.