Martin Balmaceda, lawyer, works mainly in the field of civil, commercial and criminal law. Martin has worked in legal actions related to contractual liability, manufacturer liability, shareholders’ agreements, distributorship agreements, as well as bankruptcy proceedings. In addition, Martin has represented victims in criminal proceedings for economic crimes (fraud, intellectual property), during all stages of the investigation.
Martin advises in day to day business of Banque Heritage Uruguay, Axion Energy (ex ESSO Standard Oil), Interagrovial S.A. (official representative of John Deere in Uruguay), Louis Dreyfus Company, among others, advising actively in the fuel and lubricants market, and agribusiness and heavy machinery market (agricultural and construction).
In the academic field, Martin is a lecturer of the University of the Republic and the Catholic University (Civil and Criminal Procedural Law). He is part of the Third Generation of the Diploma of Expertise in Procedural Law, University of the Republic (2015-2016, stage of preparation of thesis)
Martin has been a speaker, and has participated, in several courses of specialization in Civil and Criminal Procedural Law.
Martin is member of the Uruguayan Procedural Law Institute, and the Uruguayan Procedural Law Association “Eduardo J. Couture”.
Martin has advised Banque Heritage Uruguay S.A. in criminal and civil actions brought against a former account manager of the Bank, who perpetrated a fraud against the Bank, and was convicted of the crimes of falsifying documents and fraud, and was imprisoned. In addition, Martin advised Banque Heritage in the reimbursement of funds to clients of the Bank. The amount arose to USD 20 million.
Martin advises more than 600 soccer (“fútbol”) players of the first and second division of the Uruguayan soccer league, in a case filed against the Uruguayan Soccer Association and Tenfield S.A. The soccer players requested pre-trial measures against more than 60 companies, including AUF, Tenfield, TV channels, soccer clubs and sponsors, providing notice that they do not consent to the commercial exploitation of the soccer players’ image rights, and subpoenaed the production of all documents related to the value of their image rights. The value of the claim is over USD 10 million.
Martin advised Interagrovial SA in the negotiation and constitution of the “Interagrovial Financial Trust”, with República AFISA as Trustee. The Financial Trust will raise funds through a private offering of debt securities acquired by IDB Invest. IDB signed a commitment for up to USD 30 million to be destined to the Financial Trust. The funds will be used to finance the purchase of machinery with new technology to Interagrovial customers, with financing terms of up to seven years.
Martin advises Codere México in a judicial procedure and ICC arbitration initiated by Sikeston, former minority shareholder of Codere in Carrasco Nobile (company that holds the concession of Hotel Casino Carrasco, a member of Sofitel Hotels). The amount of the claim was USD 23,9 million.
“Labor creditors and the regulation of the ‘abandon of corporation’ in Bankrupcy Law”, in “Tres Pilares del Moderno Derecho Comercial. Sociedades Comerciales. Contratos Comerciales. Concursos”, FCU, 2011.
“Current trends regarding competency and jurisdictional immunities in claims against international organizations”, co-author, “Revista CADE”, 2016.
“Incidental proceedings in Criminal Procedural Code, special reference to the procedure of challenge of the Judge”, co-author, “XVIII Procedural Law Sessions”, 2017.
“Incidental proceedings”, co-author, “Course of the Criminal Procedural Code” , 2019.
“Practical application of the new Criminal Procedural Code”, with Georgina Dell’Acqua, conference given to COPAC, Crystal Tower Hotel, 2019.
“Precautionary measures against goods of the accused person”, in Procedural Law Workshop, 2018.
“Dynamic burden of proof”, In the Meeting of Young Procedural Law Lawyers, La Plata Bar Association, Argentina, 2016.
“Impacts of Financial Inclusion Law on real estate companies – procedural law aspects”, with Florencia Castagnola and Daniel Mosco, conference given to the Association of Real Estate Companies, 2015.
“Labor creditors and the regulation of the ‘abandon of corporation’ in Bankrupcy Law”, conference given during the academic sessions of the Commercial Law Institute, 2011.