Mexico - Legislation - World Arbitration Reporter (WAR) - 2nd Edition

Originally from:

World Arbitration Reporter - 2nd Edition 

Preview Page - Mexico - Legislation from World Arbitration Reporter (WAR) - 2nd Edition

MEXICO
MEXICAN COMMERCIAL CODE
TITLE FOUR: COMMERCIAL ARBITRATION

Chapter I. General Provisions
Article 1415
The provisions of this title shall apply to domestic commercial arbitration and to
international commercial arbitration when the place of arbitration is situated in the
national territory, except as otherwise provided in the international agreements to which
Mexico is a party or in any other law that establishes a different procedure or states that
certain disputes are not capable of settlement by arbitration.
The provisions of articles 1424, 1425, 1461, 1462, and 1463 shall apply even if the place
of arbitration is outside the national territory.
Article 1416
For the purposes of this title:
I. Arbitration agreement means the agreement by the parties to submit to arbitration all
or certain disputes which have arisen or which may arise between them in respect of a
defined legal relationship, whether contractual or not. An arbitration agreement may be
in the form of an arbitration clause in a contract or in the form of a separate agreement;
II. Arbitration means any commercial arbitration procedure whether or not before a
permanent arbitral institution;
III. International arbitration means an arbitration where:
(a) The parties to an arbitration agreement have, at the time of the conclusion of that
agreement, their places of business in different countries; or
(b) The place of arbitration, determined in, or pursuant to, the arbitration agreement,
the place where a substantial part of the obligations of the commercial relationship
is to be performed, or the place with which the subject matter of the dispute is most
closely connected, is situated outside the country in which the parties have their
places of business.
For the purposes of this section, if a party has more than one place of business, the place
of business is that which has the closest relationship to the arbitration agreement, and if
a party does not have a place of business, reference is to be made to his habitual
residence;
IV. Costs means the fees of the arbitral tribunal; travel and other expenses incurred by the
arbitrators; the costs of expert advice and of other assistance required by the arbitral
tribunal; the travel and other expenses of witnesses, to the extent such expenses are
approved by the arbitral tribunal; the costs of legal representation and assistance of the
successful party, if such costs were claimed during the arbitral proceedings and only to
the extent that the arbitral tribunal determines that the amount of such costs is
reasonable; and fees and expenses of the appointing institution.
V. Arbitral tribunal means a sole arbitrator or a panel of arbitrators appointed to resolve a
dispute.