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 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 is a…
A. LEGISLATION AND RULES A.1 Legislation International arbitration in Mexico continues to be governed by the Code of…
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 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.[1]…
MEXICO Javier Navarro Treviño and Francisco Franco A. LEGISLATION AND RULES A.1 Legislation The Commercial Code (“Code”) governs…
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 against private entities or individuals that perform activities equivalent to those performed by government authorities.[2] Prior to that reform, amparo was only available as a remedy against acts performed by government authorities. This new version of the Amparo Law was used to sue arbitrators as if they were authorities (in a fashion similar to state judges) and,…
As the NAFTA withdrawal rhetoric heats up, it would be prudent to determine whether your company has any…
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 out protections for investors of each TPP State and the mechanism for investors to bring claims in the event a TPP State fails to comply with these protections. A summary of those protections and the investor-state dispute settlement (ISDS) mechanism is set out below. What is protected? The TPP Investment Chapter protects investments made by investors of…