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…
A. LEGISLATION AND RULES A.1 Legislation International arbitration in Mexico continues to be governed by the Code of…
MEXICO Javier Navarro Treviño A. LEGISLATION AND RULES A.1 Legislation International arbitration in Mexico continues to be governed…
MEXICO Javier Navarro Treviño and Francisco Franco A. LEGISLATION AND RULES A.1 Legislation The Commercial Code (“Code”) governs international and domestic arbitration in Mexico. The Code was enacted in 1889, and its last amendment on arbitration took place in 2010. The Code incorporates the provisions of the UNCITRAL Model Law in its relevant section. Mexico is a signatory to the New York and Panama Conventions on the enforcement of foreign arbitral awards.[1] USMCA Investor-State Dispute…
On September 30, 2018, the United States, Mexico and Canada (the Parties) reached an agreement to replace the…
Reforms to the Amparo Law[1] that took place during 2013 made it possible to bring a constitutional challenge…
As the NAFTA withdrawal rhetoric heats up, it would be prudent to determine whether your company has any claims against a NAFTA government that are covered by the NAFTA investor-state dispute resolution mechanism (ISDS), and, if so, whether your company should prepare to give formal notice of its intention to bring such claims. Given the NAFTA requirement that such notice be given at least ninety days in advance, and given the agreement’s six-month termination notice…
With the ascension of the Trump administration, there is a question whether the investor-state dispute settlement (“ISDS”) provisions…
The much awaited text of the TPP has been released. As anticipated, the Investment Chapter (Chapter 9) sets…
Agreement has been reached on the long-awaited Trans-Pacific Partnership (TPP). The TPP is a free trade agreement between 12 Pacific Rim nations, including Australia, Japan, Malaysia, New Zealand, Singapore and the United States, which represent around 40% of global GDP and one third of world trade. The text of the TPP is still being finalised by the TPP States and is not yet available. Reports indicate that the TPP includes an Investment Chapter with a…