Marco MOLINA

Marco Molina is a trilingual (English, French, Spanish) international trade and investment lawyer with almost 3 decades of experience in international law, negotiations, mediation and adjudication.

His career began at the Guatemalan Ministry of Economy in 1996, as a member of the first team dedicated to investment matters, where he played a pivotal role in negotiating Bilateral Investment  Treaties (BITs) and advising foreign investors interested in establishing themselves in Guatemala. He also served as dispute settlement negotiator and legal advisor to the Trade Directorate, overseeing the negotiation of investor-State and State-State dispute settlement mechanisms within Free Trade Agreements. His alma mater, Universidad Rafael Landívar, and Universidad del Istmo invited him to design and deliver trailblazing courses on trade law and negotiations in Guatemala City.

From 2001 to 2004, he advised the Guatemalan Chamber of Industry, the Association of Pharmaceutical Producers, the Association of Agrochemical Producers and the Commission of Exporters of Apparel and Textiles on trade negotiations and legal issues. He also had a private practice in Guatemala City, focusing on administrative, commercial, intellectual property, government procurement, investment and constitutional law. He joined the Permanent Mission of Guatemala to the WTO as Legal Counsellor, in 2004; and was promoted to Deputy Permanent Representative (DPR) in 2008, a tenure he held until February 2024.

As DPR, he led the substantive work and management of the Mission and represented Guatemala in multilateral negotiations. He also provided strategic advice to the Government on dispute settlement at the WTO, regional trade agreements, and ICSID, demonstrating his ability to handle highly sensitive and complex, fact-intense matters with efficacy.

In the realm of international litigation, he has participated in over 50 disputes at the WTO, in addition to bilateral and regional disputes, as lead lawyer, Government representative, and adjudicator (panelist), where he has showcased strong organizational and persuasion skills. His diverse professional background and extensive experience make him a trusted and knowledgeable negotiator, litigant, and adjudicator, capable of quickly adapting to any national and international setting.

Recognized for his expertise, WTO Members nominated him by acclamation to serve as the Facilitator of the Dispute Settlement Reform Process. He introduced the interest-based approach to WTO negotiations, which resulted in significantly advancing the discussions and presenting a draft text in one year. The basis of this work was his research on other dispute settlement proceedings to draw  inspiration for the WTO, particularly in the development of alternative dispute resolution mechanisms, such as ICSID, UNCITRAL, and many other dispute settlement mechanisms in FTAs.

He holds a law degree from Universidad Rafael Landívar (Guatemala City, Guatemala) and a Master’s in International Studies, specializing in International Law, from the Graduate Institute of International and Development Studies (Geneva, Switzerland). He holds dual nationality, Guatemalan and Swiss, and is married with two children.