ALEJANDRO SANTI

Name: Alejandro Daniel SANTI ESTEFAN

Date of Birth: August 26, 1977

Place of Birth: Rivera, Uruguay

Nationality: Uruguayan

Professional address: Juan Carlos Gómez 1445, Oficina 207, Montevideo (11000), Tel: (598) 2915 9128

Email: asanti@amsabogados.com.uy

University degree: Doctor of Law and Social Sciences, Faculty of Law of the University of the
Republic, Montevideo.

 

Languages: Spanish, English, Portuguese (basic)

Captura de Pantalla 2020-05-17 a la(s) 1

ALEJANDRO SANTI

PROFESSIONAL PRACTICE

He develops his professional activity as a lawyer mainly in the contentious area before the Uruguayan Office Courts and Arbitral Tribunals at home and abroad, national and international, as a litigator and also as an arbitrator.
He is Adjunct Professor of Procedural Law at the Faculty of Law of the University of the Republic and Associate Professor of Litigation and Argumentation at the Faculty of Law of the University of Montevideo. Therefore, his professional practice is marked by a profile of high specialization in Procedural Law and Litigation. Part of his professional practice focuses on his consulting activity in matters of high specialization or complexity in matters of Procedural Law. He also serves as a legal adviser.
His main areas of practice are Procedural Law, Arbitral Law, Civil Law, Commercial Law and Administrative Law.
He has extensive experience in contentious matters, in disputes of various subjects: corporate disputes, unfair competition, cessation of use trade name, defense of competition, patents, protection of investments in TBIs, legal regime of property in marriage, acquisition requirements, public concessions, contractual responsibility, non-contractual liability, protection processes, processes of unconstitutionality of the law, actions of nullity, etc.
He has been legal advisor to numerous companies in Uruguay in areas such as: telecommunications, construction, health, gas, chlorine industry, technology, medicine, coworking, professional guild, competition defense, unfair competition, distribution contracts, etc.
Prior to founding the firm, he was a member for more than ten years of a leading law firm, into the trials department and as a member of the team of lawyers dedicated to arbitration. He also served as a judge. He is currently a member of the Transparency Committee of the Uruguayan Football Association.

ADVISED COMPANIES

He is currently a legal adviser in Uruguay to:

  • Uruguay Medical Union (professional guild of the country's doctors)

  • Institut Pasteur de Montevideo (science and research)

  • RIOGAS (gas)

  • AVS Technolgy (technology in the chlorine industry)

  • Tempal S.A. (manufacturing for the chlorine industry)

  • Hotel Saint Pierre (hotel)

  • Box Center (logistics)

  • Aqualife (supply of water purification equipment)

  • Synergy Design (coworking)

 

UNIVERSITY TEACHING ACTIVITY

  • Professor Adjunct (grade 3 c.) of Procedural Law I and II, at the Faculty of Law of the University of the Republic, in the degree of Law and Notary (plan 2016)

  • Associate Professor of Legal Expression and Writing and Lecturer in Litigation (Practicum II and Techniques of Trial by Hearing) at the Faculty of Law of the University of Montevideo, in the degree of Law and Notary degree

  • Visiting professor in the Specialization Course in Procedural Law of the Master's Degree in Procedural Law of the National University of Rosario, Santa Fe, Argentina and the Faculty of Law of the University of Alcalá de Henares, Spain (2020)

  • Teacher of Practical Questions of Procedural Law in the teacher training course of the Center for Judicial Studies (CEJU, judicial school of the Uruguayan Judiciary) from 2013 to 2016.

  • Professor Coach of International Commercial Arbitration and Investment Arbitration at the Faculty of Law of the University of the Republic (2016 to 2019), for competitions in Uruguay (University of Montevideo), Argentina (University of Buenos Aires), Colombia (Universidad de Externado and Universidad de Rosario) and United States of America (American University Washignton College of Law) from 2015 to 2019.

POSTGRADUATION

  • Graduated from the Judges Training Program of the Center for Judicial Studies of Uruguay (Master of the Judiciary; 2009-2011)

  • Postgraduate degree in Applied Procedural Law (University of Montevideo, 2015)

  • Specialization in Procedural Law (National University of Rosario, Argentina and University of Alcalá de Henares, Spain, 2019)

  • Master of Procedural Law (current studying in National University of Rosario since 2016

ACADEMIC ACTIVITIES

Lecturer in various academic activities, including:

  • Speaker (exhibitor) at The Academic Week of the Institute of Commercial Law (UDELAR). Exposition on: "Celebration of the Law: insolvency jurisprudence finally applies current legislation and correctly rejects the moratorium interest being subordinated credits in the competition" (November 29, 2018).

  • Speaker (exhibitor) in Academic Week of the Institute of Commercial Law (UDELAR). Exposition on: "The problem of access to the second instance in the contest for main objects and knowledge outside collective execution. For a change to control frankly wrong decisions" (November 29, 2019).

  • Lecturer in Conferences on Arbitration in Cycle of Talks of Foundation of University Culture, July 24, 2019. Conference: "Internal arbitration. Progress in legislation and the need for further reforms"

  • Lecturer Uruguayan National Conferences on Private Law organized by the Institute of Civil Law and the Journal of the Doctrine and Jurisprudence of Civil Law. Conference: "Domestic Arbitration and the New International Commercial Arbitration Law". Sacramento Colony December 7, 2018.

  • Speaker (exhibitor) in Academic Week of the Institute of Commercial Law (UDELAR). Exposition on: "The necessary extension of the cast of appealable judgments in the competition" (Wednesday 27 November 2019)

  • Speaker (exhibitor) in IDC Academic Week. Exhibition on: "Dilemma finished: you can foreclose the mortgage or the garment without verifying the credit in the contest" (Wednesday 27, 2019, 15 hs).

  • Lecturer in Double Conference of the Society of Legal Analysis, under the theme: "Process, facts and law", Faculty of Law of the UDELAR, Society of Legal Analysis of the UDEALAR (to be developed on December 4 at 19hs)

PUBLISHED PAPERS

  • 1999 Lecture "Interpretative Analysis of Article 153 CGP" X National Conference on Procedural Law in tribute to Prof. Jaime Teitelbaum.

  • 2002 Lecture "The way of challenging the court-in-court-fraudulent in uruguayan voluntary process" Ibero-American Conference on Procedural Law in homage to the Uruguayan School of Procedure.

  • 2003 Article "Procedural aspects on the enforcement of judgments condemning the performance of promises to hire. RUDP 3/2003

  • 2005 Article "Incidental opposition as a challenge in the field of injunctive proceedings", in The Journal of the Faculty of Law No. 24

  • 2009 Lecture "The scope of the powers of the Court of Zada and the extension of the application in second instance" XIV National Days of Procedural Law.

  • 2011 and 2013 Article and chapter of Book "The independence of the system of annulment of ICSID awards and constitutionality checks in the phase of implementation before the Justice of Uruguay" Yearbook of Commercial Law No. 14 and as chapter of the book "International Arbitration. Present Past and Future. In tribute to Bernardo Cremades and Yves Derains, by the Peruvian Institute of Arbitration, Lima 2013.

  • 2011 and 2012 Article "The Settlement of Corporate Disputes through Statutory Arbitration" Yearbook of Commercial Law No. 14 (2012) Previously published in Contracts and Arbitration in the Global Age, work led by the Profs. Julio Rivera and Diego Fernández Arroyo, publication of the Franco South American Conferences on Comparative Law, Center for Law and Policy Studies and American Association of Private International Law, Buenos Aires, April 2011.

  • 2012 Article: "The subjective extension of the commitment clause" Yearbook of Commercial Law No. 14

  • 2012 Article: "Procedural Approach to Civil and Commercial Surrogate Action" RUDP 2/2012. In co-authorship with Prof. Elijah Mantero

  • 2013 Lecture: "A citation of eviction. Some reflections on its current procedural regime" XVI National Days of Procedural Law In co-authorship with Prof. Elías Mantero.

  • 2013 Article: "Main amendments introduced by Law 19,090 to the Executive Process RUDP 1/2013

  • 2014 Lecture and book chapter: "Qualification of the Contest: Improadence of the transfer to the Trustee of the so-called "opposition" called bankruptcy report" Book directed by Ricardo Olivera García: "Consolidation and changes: the fruitful panorama of commercial law. Commercial Companies, Commercial Contracts, Contests. And in Academic Week of the Institute of Commercial Law, UDELAR, 2014. With Elijah Mantero.

  • 2014 Article: "No Personal Appearance To Single Incidental Process Hearing Required Out of Hearing" RUDP 1/2014

  • 2015 Lecture: "A contribution to the debate on the amendment of the claim at the preliminary hearing through the invocation of new facts" XVII National Days of Procedural Law in tribute to Ronald Herbert and Angel Landoni

  • 2015 Lecture: "Lifting of embargoes and interdictions in the way of pressure. The case of promises of sale of real estate according to the new article 398 CGP (Law 19.090), XVII National Days of Procedural Law in tribute to Ronald Herbert and Angel Landoni, with Elías Mantero

  • 2015 Article: "Scope of the Judge's Power-Duty to discard manifestly unnecessary evidence at the preliminary hearing" Law Journal of the University of Montevideo No. 27

  • 2015 Lecture: "Decisions marriageable in the Competitions Act. The inadmissibility of the appeal against the declaration of fortuitous tender is unconstitutional" Academic Week of the Institute of Commercial Law (UDELAR)

  • 2015 Article and preparatory essay to the master's thesis: "Bilateral provisional measures are the appropriate method to address urgent issues (the Uruguayan model), Latin American Journal of Procedural Law (Argentina) No6,

  • 2016 Presentation "Responsibility of the administrators of bankruptcy companies: the declaration of affected in abstract" Academic Week of the UDELAR Commercial Law Institute, With Elías Mantero, is not appropriate.

  • 2016 Article: Insolvency Responsibility of Administrators: It is not for the administrator to be declared affected if his conviction is not sought to cover the financial deficit or his disqualification". CADE Journal "Doctrine and Jurisprudence", Volume XXXVII. With Elijah Mantero.

  • 2017 Article: "The execution of real guarantees and the subordination of credits" in the Journal "CADE Doctrine and Jurisprudence", volume XLIII with Elías Mantero. Also published in Academic Week, IDC, 2017.

  • 2017 "On the concept of credit properly guaranteed as a case of deprivation of the right to vote in the Contest", in Revista CADE "Doctrine and Jurisprudence", Volume XLIV, September 2017, with Elías Mantero, 50%)

  • 2017 "Concept and regime of credits adequately guaranteed in the Competitions Act", in Academic Week IDC, 2017. (with Mantero, Grazioli and Sorondo, 30%)

  • 2017 "Once again on the mistake of admitting terminations of pledges of invested promises of units in the well within the framework of the contest of the enthusing promitnt", in Academic Week IDC, 2017 (with Elías Mantero, 50%).

  • 2018 Book Chapter: "Inter-Administrative Contentious Processes, Competitions, Dispute Resolution and Internal Conflicts" Special Number of the RUDP of Constitutional Processes.

  • 2018 Article: "Sanitation by Eviction: possibility of claiming the responsibility of the seller in the same process of eviction", Journal of the Doctrine and Jurisprudence of Civil Law, Volume VI, 2018 With Elías Mantero.

  • 2018 Article/jurisprudence note: "Mortgage. Litigioso y Jactancia" Uruguayan Journal of Procedural Law 2/2017. With Elijah Mantero.

  • 2018 Book Chapter: Chapter 21 "Registrations and Display and Seizure of Goods and Documents" Course on the CPP (IUDP -UDELAR)

  • 2018 Book chapter: Chapter 24 "Evidence by Judicial Inspection and Reconstruction of Facts" Course on the CPP (IUDP- UDELAR).

  • 2018 "The execution of real guarantees and the subordination of credits in the competition", in Revista CADE "Doctrine and Jurisprudence", Volume XLIII, September 2017. With Elijah Mantero.

  • 2018 - Termination of registered promises to buy and sell real estate in the insolvency field. The misapplication of Article 68 in real repetition", in IDC Academic Week, 2016, (with Elías Mantero, 50%)

  • 2018 "Protection of the promising acquirer in the promises of purchase and sale registered of horizontal property units "in the well". Criticism of judicial decisions that threaten their rights", in Revista Doctrina y Ju jurisprudencia de Derecho Civil, Volume V, 2017 (with Elías Mantero, 50%).

  • September 2018 "Qualification of the contest: the improper transfer of the transfer to the trustee or intervener of the so-called opposition to the so-called documented report" FCU, Montevideo, pp. 447 to 449, author of 50% of the work in company with Prof. Adj. Elías Mantero (Civil), in Panorama de Derecho Bankruptcy, Studies on Law No. 18.387, 2a. expanded edition. Ricardo Olivera Garcia director.

  • September 2018 "Once again on the mistake of admitting terminations of promises of purchase and sale registered units in the well within the framework of the contest of promigant alienating" FCU, Montevideo, pp. 97 to 103, author of 50% of the work in company with Prof. Adj. Elías Mantero (Civil), in Panorama of Bankruptcy Law, Studies on Law No. 18.387, 2a. expanded edition. Ricardo Olivera Garcia director.

  • September 2018 "On the concept of credit properly guaranteed as a case of deprivation of voting rights in the contest: commentary of a successful judgment" FCU, Montevideo, pp. 206 to 210, author of 50% of the work in company with Prof. Adj. Elías Mantero (Civil), in Panorama de Derecho bankruptcy, Studies on Law No. 18.387, 2a. expanded edition. Ricardo Olivera Garcia director

  • September 2018 "Responsibility of administrators of bankruptcy companies. The declaration of affected in an abstract" FCU, Montevideo, pp. 435 to 440, author of 50% of the work in company with Prof. Adj. Elías Mantero (Civil), in Panorama de Derecho Bankruptcy, Studies on Law No. 18.387, 2a. expanded edition. Ricardo Olivera Garcia director.

  • September 2018 "The execution of real guarantees and the subordination of credits in the contest" FCU, Montevideo, pp. 143 to 149, author of 50% of the work in company with Prof. Adj. Elías Mantero (Civil), in Panorama de Derecho Bankruptcy, Studies on Law No. 18.387, 2a. expanded edition. Ricardo Olivera Garcia director.

  • November 2018 "The evidence for judicial inspection and reconstruction of facts" FCU, Montevideo, pp. 613 to 620, on course on the New CPP Law 19.293, vol. 1, Alejandro Abal director (50% of my authorship, accompanied by Dr. Maximiliano Cal)

  • November 2018 "Celebration of the Law: insolvency jurisprudence finally applies current legislation and correctly rejects that default interests are subordinated credits in the contest" In "Law of Contests and Business Reorganization 10 years after its validity, Institute of Commercial Law (UDELAR), FCU, Montevideo, 2018 pp. 263 to 267.

  • November 2018 "Records and display and seizure of goods and documents", FCU, Montevideo pp. 645 to 668", ongoing on the New CPP Law 19.293, vol. 1, Alejandro Abal director (50% of my authorship, accompanied by Dr. Maximiliano Cal)

  • November 2018 "The problem of access to the second instance in the contest for main objects and knowledge outside collective execution. For a modification that allows the control of frankly wrong decisions" (co-authored with Elías Mantero and Ana Sorondo) 80% of my authorship's work. In "Law of Contests and Business Reorganization 10 years after its validity, Institute of Commercial Law (UDELAR), FCU, Montevideo, 2018 pp. 267 to 271

  • November 2019"The necessary extension of the cast of appealable judgments in the contest", FCU, Montevideo, pp. 127 to 134, author of 80% of the work in the company of Prof. Adj. Elías Mantero (Civil), in Commercial Law on the way to the revision of corporate and insolvency regulations. Commercial companies. Contests, IDC, UDELAR Law School.

  • November 2019 "Dilemma finished: you can foreclose or garment without verifying the credit of the contest", FCU, Montevideo, pp. 135 to 139, author of 50% of the work in the company of Prof. Adj. Elías Mantero (Civil), in Commercial Law on the way to the revision of corporate and insolvency regulations. Commercial Companies. Contests, IDC, UDELAR Law School.

  • November 2019: "A new gap to the general rule ofpelability in the Bankruptcy Process" Journal of Procedural Law 2/2018, with Elías Mantero Mauri .

  • To be published in 2020 on RUDP: "The surprising 360-degree turn in the new CPP towards inquisitory in the court's evidentiary initiative"