Marisol Fión

marisol.fion@legalsa.com

Marisol is a Lawyer and Notary with extensive experience in matters of dispute resolution in the area of civil, commercial and constitutional law. She served as a lawyer on behalf of the Ecclesiastical Court of Guatemala between 2000 and 2005 and as full professor of Civil and Commercial Procedural Law III at Rafael Landívar University, from 2004 to 2006.

Since 2010, she has been a member of the Board of Directors of one of the biggest Sugar Mills in the region, in which she has also provided advice on legal matters. In 2018, she was appointed as arbitrator of the Conflict Resolution Commission of the Chamber of Industry of Guatemala (CRECIG).

Master Degree in International Arbitration, Francisco Marroquín University (2017).
Master in Civil and Corporate Litigation, Mariano Gálvez University (2006).
Degree in Legal and Social Sciences, Lawyer and Notary Public, Cum Laude, Rafael Landivar University (2003)
Legal and Forensic Psychology course, Complutense University of Madrid (2005)

Cum Laude, Rafael Landívar University (2003)

Dispute Resolution
Constitutional Law

Spanish
English

Guatemalan Bar Association
Member of the American Chamber of Guatemala
Arbitrators of CRECIG (Conflict Resolution Commission of the Chamber of Industry of Guatemala)

A very complex shareholder dispute involving governance and control of one of Guatemala’s largest agroindustrial companies, with sugar mill and power generation operations. Our client, deeply dissatisfied with the operation of the company, sought and obtained a change in its board of directors and a new corporate governance agreement. The case was complicated by a hostile
takeover by a new group of shareholders who purchased 30% of the company’s stock and sought to gain control through several legal manoeuvres. We provided our client with ongoing advice, support and assistance in securing and retaining control of the company’s board of directors. The case involved 100 different legal actions filed by several parties in the conflict, including civil lawsuits, criminal claims, constitutional actions, requests for restraining orders and arbitrations. In
addition to successfully defending our client in all instances, we designed and implemented defensive strategies aimed at securing voting rights, including restructuring of our client’s legal entity structure to prevent further challenges to the client’s voting rights. The parties finally agreed to settle the dispute and established a pact of governance which left our client in control of the board of directors and with a majority of the voting rights. The opposing party agreed to
withdraw or suspend all litigation. Our recent work has included negotiation of several pacts for future votes, formation of offshore vehicles, negotiation of financing for implementation and consolidation of the agreements, and ongoing advice and analysis to design and implement strategies to prevent further disputes.