|Help

CHAPTER 25 - Mexico - Interim Measures in International Arbitration

Author(s): 
Claus von Wobeser
Page Count: 
14 pages
Media Description: 
1 PDF Download
Published: 
May, 2014
Jurisdictions: 
Mexico
Practice Areas: 
Interim Measures of Protection
Tags: 
Interim Measures

PDF161.36 KB

$40.00
Description: 

Originally from: Interim Measures in International Arbitration

Preview Page

 

RELIEF PROVIDED BY COURTS

 
1. (a) Are courts authorized to issue orders of attachment,
injunctions or other provisional orders with respect to
arbitration proceedings?
 
Yes.
 
(b) If so, please describe the nature of any such provisional
relief that is available.
 
The judge has complete discretion to adopt any interim measures he
may deem appropriate (Article 1478, Commerce Code).
 
Based on the above, the provisional remedies available in arbitration
matters are subject to the judge’s discretion and to the specific nature of
the controversy, and are only limited by Mexican public policy standards
and due process requirements.
 
2. What are the conditions that must be satisfied by an applicant
for a court to grant provisional remedies in relation to
arbitration?
 
There are no specific conditions expressly contemplated by law for
qualifying for provisional remedies, the judge has complete discretion to
grant them.
 
3. (a) If provisional relief in connection with arbitration is
available from a court, may such orders of provisional relief
be in connection with arbitration taking place only in your
country (domestic), or outside the country (foreign) as well?
 
The parties may request the judge to grant provisional relief before
or during the arbitration proceedings, even in connection with arbitration
proceedings seated outside the country. (Article 1415 and Article 1425,
Commerce Code).