Marco Andrés Espinoza Castro – GC Powerlist
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Ecuador 2025

Food, beverages and tobacco

Marco Andrés Espinoza Castro

Legal director | Arca Continental

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Ecuador 2025

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Marco Andrés Espinoza Castro

Legal director | Arca Continental

Team size: Six

What are the projects that you are most proud of working on over the past 12 months?

Over the past year, Ecuador faced a severe drought that severely disrupted the country’s electrical supply, leading to power outages of up to 14 hours per day. Recognising the significant operational risks, the national government introduced new regulations to compensate companies that generate their own electricity and do not rely on the public power grid.

In response, Arca Continental Ecuador (ACE) launched a strategic initiative to acquire power generators for its production plants—including beverages, snacks, dairy, and ice cream—as well as its distribution centers across the country. As part of this initiative, the legal department of ACE played a pivotal role in structuring and negotiating contracts for the procurement and installation of these generators, ensuring compliance with regulatory requirements and mitigating contractual risks.

Beyond contract negotiations, our legal team led the certification process required to qualify for government compensation, ensuring full compliance with Ecuador’s regulatory framework on electricity generation. This involved coordinating with regulatory authorities, securing the necessary approvals, and implementing legal strategies to protect the company’s interests while optimising financial recovery.

This project stands out as one of the most impactful of the past year, as it not only safeguarded business continuity across multiple production sites but also reinforced the company’s resilience in navigating regulatory challenges during a national crisis. It exemplifies how legal strategy, regulatory expertise, and business acumen can align to drive operational success in complex environments.

How do you approach managing legal aspects during periods of instability or crisis to ensure the organisation’s resilience?

Managing legal challenges during a crisis requires more than just ensuring compliance—it demands a deep understanding of the business and close collaboration with different departments to develop solutions that keep operations running. Business lawyers must bridge the gap between administrative and operational areas, ensuring that legal strategies align with the company’s immediate and long-term needs.

The recent energy crisis in Ecuador highlighted the importance of this approach. With prolonged power outages affecting production and logistics, it was essential for the legal team to work alongside operations, finance, and regulatory teams to navigate new government regulations and secure the necessary approvals. Understanding how the crisis impacted different areas of the business was key to structuring legal solutions that were both compliant and practical.

Ultimately, resilience comes from anticipating regulatory changes, adapting legal strategies to business realities, and fostering strong internal partnerships. A legal team that stays close to the business, rather than working in isolation, is far better positioned to help the company navigate uncertainty effectively.

Have you had any experiences during your career as a lawyer that stand out as particularly unique or interesting?

With over 13 years of experience as an in-house lawyer, one of the most transformative experiences in my career was completing my MBA last year. This has significantly enhanced my ability to approach legal challenges with a holistic, business-oriented perspective, allowing me to assess not only the legal implications of decisions but also their strategic, financial, and operational impact on the company.

A clear example of this has been my current involvement in a corporate restructuring project. The knowledge acquired during my MBA has been instrumental in anticipating potential risks and defining a critical action path to ensure the process is executed smoothly, mitigating legal and operational disruptions. This proactive approach has allowed us to safeguard business continuity while optimising the restructuring strategy.

This experience reinforced the importance of bridging the gap between law and business, enabling me to provide legal advice that is not only compliant but also aligned with corporate objectives and risk management strategies. By integrating legal expertise with a broader business vision, I am better equipped to anticipate challenges, optimise decision-making, and add tangible value to the organisation beyond traditional legal functions.

What do you think are the most important attributes for a modern in-house counsel to possess?

A modern in-house counsel must go beyond legal expertise and understand the broader industry context. By analysing market dynamics, regulatory landscapes, and operational challenges, legal teams can provide practical, business-oriented advice that aligns with corporate objectives. This approach strengthens the legal department’s role as a strategic partner rather than just a risk manager.

Additionally, protecting the organisation’s competitive and operational advantages is a key responsibility. In-house counsel must ensure that legal strategies support innovation, safeguard intellectual property, and mitigate risks that could disrupt business continuity.

Leveraging AI tools and technology is also essential to enhance efficiency and precision in legal analysis, contract management, and risk assessment. By integrating technology into legal practice, in-house counsel can streamline processes and focus on high-value strategic decisions.

Ultimately, combining legal expertise with business acumen, industry awareness, and technological adaptability allows in-house counsel to drive compliance, foster innovation, and contribute to the organisation’s long-term success.

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