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Oswaldo Arriaga of H&M Latin America: “Leadership should be grounded in influence, not command”

In retail, where decisions are urgent and reputation is constantly at stake across markets, the legal function cannot be confined to the mere interpretation of regulations. Oswaldo Arriaga, legal advisor for Latin America at H&M, has shaped his professional profile at the intersection of business, culture and regulation. His conviction is unequivocal: regional leadership is not imposed through hierarchy, but earned through consistency, approachability and the ability to anticipate risk without constraining growth
By Heidi Maldonado

Oswaldo Arriaga, legal advisor at H&M Latin America, is our guest on Voices of Law: A Dialogue with Partners and General Counsel for Latin America. He describes himself as down to earth. He works while listening to music — “the right playlist brings clarity and focus” — and regards direct communication and respect as the foundation of any relationship. This combination of clarity and balance also shapes his approach to practising law.

With more than 12 years of experience, he has worked in private practice and within the justice system, but it was the in-house environment where he found his place.

“It’s the environment where I thrive. I enjoy teamwork and constantly look for more efficient ways of doing things.”

Reflecting on his career, he identifies a clear pattern: taking on challenges that went beyond strictly legal matters. “From my earliest roles, I made the decision — consciously or not — to say ‘yes’ to projects that seemed enormous or that had little to do with law. That forced me to develop a comprehensive view of the business.”

That decision proved pivotal. It enabled him to stop seeing himself merely as a technical reviewer and instead to position himself as a strategic partner. There is also a second element he considers equally important: choosing organisations with a genuine — rather than merely proclaimed — culture. “Capability is useless if the context does not allow you to use it.”

From legal adviser to strategic enabler

In his experience, the shift did not occur abruptly. It was a gradual evolution, shaped by leaders who required him to understand the “why” behind every project: business objectives, operational pressures and financial implications.

“That’s when I realised that legal work is not the end in itself, but the means for the business to move forward in a safe, agile and sustainable way.”

Over time, he moved beyond simply responding to legal queries to anticipating issues, proposing workable solutions and connecting different areas of the organisation. This transition defines his current approach: not waiting for risks to materialise, but supporting decisions from their inception.

Latin America as a school of judgement

Operating a global brand such as H&M in Latin America entails navigating diverse regulatory, political and cultural realities. For Arriaga, the region has been a training ground in strategic flexibility.

“There are no one-size-fits-all or permanent solutions. Legal solutions only work when you understand the human, commercial and operational context of each country.”

This complexity also reshapes the relationship with external advisers. Technical knowledge alone is insufficient. “External advisers must become strategic partners. You need legal expertise, but also context and a clear understanding of how to adapt to new realities.”

Speed and risk are not opposing forces

In retail, time is critical. Collections, store openings, campaigns and commercial decisions do not wait. How, then, do you reconcile that speed with effective risk management?

For Arriaga, the starting point is conceptual: recognising that speed and risk are not opposing forces. “When you understand how the store operates, how the supply chain functions or how the customer experience is designed, you can anticipate risks and prepare solutions before a project even reaches Legal.”

The key lies in prioritisation. Not all risks carry the same weight. Distinguishing between those that may affect reputation or business continuity and those that can be managed more flexibly allows the organisation to maintain momentum without relinquishing control.

In day-to-day operations, regulatory compliance, consumer protection, intellectual property, labour relations and contract management do not operate in isolation. The essential task is to address them holistically so that the business can move forward “with agility, but within a secure framework.”

Trust, language and leadership without hierarchy

In his view, the business does not merely expect technical expertise — that is assumed. What it truly requires is someone capable of acting both as a radar and as a translator.

“The business is looking for a strategic partner who understands the complexity of operating across multiple markets and can help maintain pace without compromising brand integrity.”

Trust, he argues, rests on three pillars: credibility, approachability and accessible language. “In-house, you work alongside people whose priority is not the law. You have to switch gears, explain risks clearly and offer alternatives.”

This philosophy also shapes his regional leadership. In structures where there is no direct hierarchical authority over all local teams, formal power carries limited weight. “Leadership must be exercised through trust and consistency. When the business trusts that Legal understands the operation, leadership emerges naturally.”

If he had to summarise it in one sentence: “Leadership should be exercised through influence, not command.”

The lawyer of the future

According to Arriaga, the lawyer who will add value in the coming years will not be defined solely by technical ability. Curiosity about the business, flexibility and the capacity to adapt to demanding working rhythms will be equally essential.

He draws a clear distinction between reactive and strategic advice: “A reactive adviser rescues you from a problem. A strategic adviser moves the business forward and protects the brand before problems arise.”

In a sector increasingly exposed to scrutiny over sustainability, ethics and reputation, the benchmark is no longer mere compliance. “Compliance is the starting point. The intention is always to go further.”

Provoking the necessary conversations

His participation in the Monterrey Legal Forum 2026, organised by Gericó Associates, follows the same logic. He believes the region is undergoing rapid regulatory, technological and social transformation, and that legal functions must evolve at the same speed if they are to remain relevant.

“We need to open conversations that enable us to build more strategic, more influential legal functions that are far more connected to the future of the business.”

Oswaldo Arriaga does not speak from a position of legal grandstanding, but from the daily practice of someone operating within the constant tension between speed, risk and reputation. His regional vision is rooted in a simple yet demanding premise: the lawyer’s role is not to say no by default, but to find ways of saying yes without jeopardising the brand’s integrity.

In an environment of growing complexity, his strategy is clear: judgement, consistency and influence.

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