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Mexico - Baker & McKenzie International Arbitration Yearbook: 2011-2012

Author(s): 
Salvador Fonseca González
Javier L. Navarroa-Treviño
Page Count: 
8 pages
Media Description: 
PDF from "The Baker & McKenzie International Arbitration Yearbook: 2011-2012"
Published: 
March, 2012
Jurisdictions: 
Mexico
Practice Areas: 
Enforceability of Arbitration Agreements,
Contents of Arbitration Agreement
Author Detail: 

 

Salvador Fonseca-González is a Partner in Baker & McKenzie’s office in Mexico City and a member of its Dispute Resolution Practice Group. He is widely experienced in domestic and international arbitration and litigation, with experience in both commercial and investment treaty cases. He has also served as sole arbitrator and chairman in several tribunals, and has been appointed to the list of arbitrators of diverse arbitral institutions. His practice extends to insolvency, restructurings and compliance work.

Javier L. Navarro-Treviño is a Lawyer-Trainee in Baker & McKenzie’s office in Mexico City.

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Originally from Baker & McKenzie International Arbitration Yearbook: 2011-2012

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MEXICO
Salvador Fonseca-González and Javier L. Navarroa-Treviño

A. LEGISLATION TRENDS AND TENDENCIES

As mentioned in the Baker & McKenzie International Arbitration Yearbook 2010-2011, the Congress approved significant amendments to the federal Code of Commerce regarding commercial arbitration, specifically with respect to Mexican courts’ intervention in arbitration-related matters. The amendments became effective on 28 January 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 and are in line with the UNICITRAL Model Law (adopted by Mexico in 1993 and incorporated in Articles 1415 to 1463 of the Code of Commerce). Such amendments were made to Mexican legislation based on necessity and because of the support needed from the courts in aid of arbitration for the enforcement of interim relief orders and for the recognition and enforcement of awards.

Mexico has become the country with the most international arbitrations in Latin American after Brazil. This is not only due

Table of Contents: 

MEXICO
Salvador Fonseca-González and Javier L. Navarroa-Treviño

A. Legislation Trends and Tendencies
A.1 Constitutional Recognition
A.2 Mexico as a Seat for Arbitration
A.3 Recognition and Enforcement of Foreign Commercial Arbitral Awards in Mexico
A.4 Interim Relief
A.5 Competence
B. Cases
C. Public Policy in International Arbitration