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Mexico - Baker & McKenzie International Arbitration Yearbook: 2010-2011

Author(s): 
Javier L. Navarro Velasco
Jessika Rocha Diaz
Juan Ygnacio Reyes Retana
Page Count: 
10 pages
Media Description: 
PDF from Baker & McKenzie International Arbitration Yearbook: 2010-2011
Published: 
April, 2011
Jurisdictions: 
Mexico
Practice Areas: 
National Legislation,
Bankruptcy of a Party,
Interim Measures of Protection
Author Detail: 

Javier Navarro-Velasco is a Partner in Baker & McKenzie’s Monterrey office and the Chairman of the Dispute Resolution Practice Group in Mexico and Latin America. His areas of expertise are litigation and arbitration and he is widely experienced in bankruptcy, insolvency and reorganization proceedings, as well as in civil, commercial and criminal matters.

Jessika Rocha Diaz is an Associate in Baker & McKenzie’s Monterrey office and a member of the Dispute Resolution Practice Group. She is experienced in litigation concerning civil, commercial, family, administrative-law, and amparo matters, as well as in commercial insolvency proceedings.

Juan Ygnacio Reyes Retana is a Partner in Baker & McKenzie’s Tijuana office and a member of the Dispute Resolution Practice Group. He is widely experienced in civil, commercial and administrative litigation as well as in arbitration. He was an alternate member of the NAFTA Advisory Committee for the Settlement of Private Disputes and is an active member of the Arbitration Committee of the Mexican National Committee of the ICC.

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Description: 

Originally from Baker & McKenzie International Arbitration Yearbook 2010-2011

A. LEGISLATION TRENDS AND TENDENCIES

For a brief overview of arbitration law in Mexico, see the 2008 International Arbitration Yearbook. In 2010, however, Congress approved significant amendments to the Code of Commerce dealing with commercial arbitration, specifically with respect to Mexican courts’ intervention in arbitration-related matters. The amendments entered into force on January 28, 2011.

The amendments, which are found in Articles 1464 to 1480 of the Code of Commerce, provide guidance concerning judicial intervention in aid of arbitration. Specifically, the amendments provide for the referral to arbitration of disputes submitted to court but subject to an arbitration agreement; the recognition and enforcement of interim relief orders issued by arbitral tribunals court but subject to an arbitration agreement; the recognition and enforcement of interim relief orders issued by arbitral tribunals (seated in Mexico and abroad); regulation of the procedural rules regarding recognition and enforcement of awards; and the procedural rules for the setting aside and annulment of awards.

Table of Contents: 
A. Legislation Trends and Tendencies A.1 Obligation of Mexican Courts to Refer the Parties to Arbitration A.2 Voluntary Non-contentious Jurisdiction A.3 Court Intervention A.4 Interim Relief   B. Cases    C. Insolvency Issues in Arbitration