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A. LEGISLATION AND RULES A.1       Legislation International arbitration in Mexico continues to be governed by the Code of Commerce, which incorporates the provisions of the UNCITRAL Model Law of 1985 in its relevant section. The Code of Commerce was enacted in 1889, and its last amendment on arbitration took place in 2010. Mexico is also a signatory to the New York and Panama Conventions on the enforcement of foreign arbitral awards. Regarding Investment Arbitration, Mexico…

On September 30, 2018, the United States, Mexico and Canada (the Parties) reached an agreement to replace the North American Free Trade Agreement (NAFTA). The new agreement is called the United States-Mexico-Canada Agreement (USMCA).  As has been widely reported, the Parties conducted many months of negotiations to reach this agreement. It is important to note that the USMCA still has to be ratified by all the Parties.  Until this ratification has taken place, the current…

With the ascension of the Trump administration, there is a question whether the investor-state dispute settlement (“ISDS”) provisions under the NAFTA will survive.  This note examines the potential effects of such a repeal on investors in NAFTA countries. NAFTA contains 22 chapters dealing with trade and governance issues.  NAFTA Chapter 11, titled “Investment,” deals with each state’s treatment of investments made by nationals of other NAFTA parties.  Chapter 11 provides protections against mistreatment of investments,…

Important companies headquartered in Peru are nowadays investing in countries of the Pacific Alliance. This is the case of Alicorp and the Gloria Group in Colombia; Brescia Group in Chile; Belcorp in Colombia, Mexico and Chile, as well as Ajegroup in Mexico and Colombia. Likewise, several Chilean, Colombian and Mexican companies are investing in other member countries. Hence Peru, Chile, Colombia and Mexico not only currently receive foreign investment, but also export investment towards other…