Mexico - Baker & McKenzie International Arbitration Yearbook: 2012-2013
Salvador Fonseca-González is a Partner in Baker & McKenzie’s Mexico City office. He has more than 15 years of experience representing corporate and individual clients in complex international and domestic arbitration and litigation. Mr. Fonseca has participated in cases under the rules of the major arbitral institutions and is familiar with dispute boards and other methods of solving disputes. He has served as sole arbitrator and chairman of arbitral tribunals in several international and local cases. He has lectured on International Commercial Arbitration at the most prestigious universities in Mexico.
Juan Carlos Zamora Müller is an Associate in Baker & McKenzie’s Mexico City office. His practice focuses on dispute resolution, commercial litigation and arbitration. He has meaningful experience representing clients before Mexican courts and arbitral tribunals in ad hoc and ICC proceedings. He has served as associate professor in Procedural Law and Arbitration at the School of Law of the Centro de Investigación y Docencia Economicas in Mexico City.
A. LEGISLATION, TRENDS AND TENDENCIES
A.1 2011 Legal Reform
In 2011, the Mexican arbitration law contained within the Mexican Commercial Code and based on the UNCITRAL Model law,3 was modified to modernize and clarify the role that Mexican courts should take with arbitration proceedings. This reform is still quite commented upon in the Mexican arbitration community, chiefly because many of the new rules remain untested in the courts. As reported in previous Yearbooks, the reform created a friendlier environment for arbitral proceedings as well as court proceedings associated with or arising out of arbitration.
A. Legislation Trends and Tendencies
A.1 2011 Legal Reform
A.2 Minor Amendments to the Legislation
A.3 Constant Positive Trend
B.1 Available Legal Remedies against Decisions Rendered within Proceedings to Set Aside Arbitral Awards
B.2 Recent Decision on the Concept of Public Policy (Amparo Proceedings 755/2011)
C. The Grant and Enforcement of Interim Measures in International Arbitration