HERMAN M. Duarte, Founding Partner
AREAS OF PRACTICE
Arbitration,international commercial arbitration, commercial, corporate, litigation, administrative law, strategic consulting, legal marketing,
UNIVERSITY OF COSTA RICA
Juris Doctor, convalidation, 2013
LLM in International Commercial Arbitration (ICAL Program). Thesis: “Unilateral Appointments in International Arbitration” (2010- 2011). Board Member: Rainbows- LGBTQI student body. Outstanding Alumni Award (2017).
ESCUELA SUPERIOR ECONOMÍA Y NEGOCIOS
Bachelor of Laws (LLB, equivalent to J.D.) Dean´s list. GPA: 8.0/10 (top 3%). Exchange program in Spain and Law summer school in NYC. Assistant professor in: Constitutional Law, Civil Law, Roman Law, Corporate Law, Ethics, Argumentation Techniques.
SPEAKING Engagements AND PUBLICATIONS
Speaker in over 60 law conferences addressing topics such as: international arbitration, psychological analysis of arbitration and LGBT rights; in 8 Latin American countries (Argentina, Costa Rica, El Salvador, Guatemala, México, Nicaragua, Peru, Uruguay) the United States of America, and 3 European countries.
Events organized by HARVARD Law School, University of Cambridge, Stockholm Universitet, Sciences Po, Young ITA, Young ICCA, UPEACE, ICC-YAF, Universidad de Costa Rica, Universidad de El Salvador, Universidad de Buenos Aires, ULACIT, DENTONS, Universidad José Matias Delgado (PHD level), UTN, Costa Rican Young Arbitrators, Salvadoran Chamber of Commerce, AMCHAM- Costa Rica, AMCHAM-LIMA and the General Attorney´s Office of the Republic of El Salvador. Active on Salvadoran and Costa Rican press (press, radio and T.V.).
In my 8 years of practice, I have advised dozens of clients and relevant case experience:
- Constitutional case. El Salvador Supreme Court. Equal Marriage case in El Salvador.
- Constitutional case. Panama Supreme Court. Equal Marriage case in Panamá (Amicus Curiae).
- International Human Rights. Interamerican Court of Human Rights. Amicus Curiae for the Advisory Opinion No.24.
- International Human Rights. Interamerican Commission of Human Rights. Written arguments for the thematic hearing against El Salvador for the 161th session, in order to denounce hate crimes towards the LGBTI population.
- International Investment arbitration. ICSID Case No. UNCT/15/3 (Aven vs. Costa Rica). Local counsel for Vinson & Elkins. Assistance in the draft of the witness and expert’s statements, filed memos to address public and environmental law issues, communication with clients, preparation of cross examination questions, provided assistance in the witnesses’ familiarization sessions and in the hearings. US$100 million.
- International Commercial Arbitration under AMCHAM-CR rules (public). Co-leading attorney. Drafting of the claim and reply for the breach of contract, evidence selection and arguments to the Supreme Court to defend the Tribunal´s jurisdiction. Strategic value of a 10-year concession agreement that generates sales of over US$120 million a year.
- Contentious Administrative. IGT vs Junta de Protección Social and Costa Rica (public). Strategic Value. Co-Leading attorney. Drafting of the claim and reply to challenge an administrative decision that orders the ID capture of all the clients of the electronic lottery, evidence selection. Strategic value of a 10-year concession agreement that generates sales of over US$120 million a year.
- Several cases under Law 6209, either as claimant or respondent, aiming to obtain an indemnization for wrongful termination of contract.
- During my time at I worked at the ICC local arbitration committee for almost 4 years and was directly connected to the organization of the most important International Arbitration Congress in Central America. I was also a member of the Diversity factor Committee of AMCHAM
Hduarte Abogacía, Law Firm, San Salvador, El Salvador
Founder of an International Arbitration boutique. Representative client: Jan de Nul.
Jan de Nul Vs. CEPA and El Salvador. Legal assistant. Provided research on FIDIC contracts, drafted arguments for the claim and helped in the selection of evidence. US$5.5 million.
Organization of a month arbitration program for the General Attorney Office of the Republic of El Salvador.
Ranked by Chambers & Partners.
Selected to be part of the HIVE GLOBAL leaders Program.
ICAL ALUMNI Association - Outstanding Alumni Award.
“Freedom of Speech” award by La Prensa Gráfica (EL Salvador oldest newspaper).
Selected by “El País Que Viene” as one of the 60 most influential Salvadorans under 35, living abroad.
Amateur life-coach and experienced couchsurfer with over 60 hosting.
- Super power. Causing revolutions.
- Very good at. Big picture analysis, getting things done.
- Not so good at. Dieting.
Op-ed columnist (2011-present), with over 40 publications in El Salvador´s oldest newspaper (La Prensa Gráfica) ranging different subjects such as international arbitration, democracy, LGBT rights and anti-corruption. Over 10 publications on law journals and magazines in USA, Costa Rica and El Salvador. Co- author of 4 books on procedural law and columnist in international press.