A. LEGISLATION, TRENDS AND TENDENCIES
Generally, Mexican judges and practitioners are becoming
accustomed to arbitration, and, as we will detail below, judicial
decisions show support for arbitration.
After the major reform that took place in 2011, as detailed in the
2012 Arbitration Yearbook, the arbitration legal framework in
Mexico has remained more or less stable in 2013. There were two
minor modifications. First, the law was amended to clarify what
happens if a Mexican court refuses to recognize and enforce an
award. Second, the law was amended to give commercial
chambers or arbitral institutions an active role in proposing
candidates when arbitrators must be appointed by a court.
Despite the lack of changes in the arbitration law in Mexico, there
have been at least two legal changes worth mentioning that impact
on arbitration practice. First, the Mexican Constitution was
amended to expressly include protection of human rights. Second,
and as a consequence of the first, the Amparo Law was modified
to widen the scope of the constitutional protection. Amparo refers
to an extraordinary judicial remedy intended to allow a person to
question whether or not a certain action or law conforms with the
rights protected under the Mexican Constitution.