MEXICO Law and Practice Contributed by: Fernando del Castillo Elorza, Sajid Arroyo, Andrea Hernández and Alexis Romero, Del Castillo & Castro Abogados
Del Castillo y Castro Avenida Santa Fe 428 Torre III, piso 16 Colonia Desarrollo Santa Fe, Cuajimalpa de Morelos 01219 Ciudad de México, CDMX Mexico Tel: +52 55 4172 5500 Email: delcastilloycastro@dc-ca.mx Web: www.dc-ca.mx
• corporate actions brought by way of ordinary com- mercial proceedings; • claims under surety bonds, which are subject to a special procedure; and • insurance-related disputes, which are handled through oral commercial proceedings. However, with the implementation of the judicial reform last year, the confidence of the parties in the judicial authorities comprising the Federal Judiciary and the State Judiciaries has waned. Consequently, in Mexican dispute resolution practice, parties have increasingly opted to submit commercial disputes to arbitration. 1.3 Key Dispute Resolution Trends The trend is toward more dynamic trials in which the litigation parties actively participate by presenting their arguments and substantiate their claims through the evidence they provide, as well as toward faster proceedings to secure an effective judgment.
1. Dispute Resolution Methods 1.1 Main Dispute Resolution Methods In Mexican dispute resolution practice, commercial disputes are resolved through specific procedures established under commercial legislation, including: • ordinary commercial proceedings; • commercial enforcement proceedings; • oral commercial proceedings; and • special proceeding for bonds, among others. Commercial legislation provides for a conventional procedure that may be agreed by the parties to solve a dispute before a judge. Other methods include alternative dispute resolution mechanisms such as private conciliation and arbitra- tion proceedings. 1.2 Choice of Dispute Resolution Method Currently, within the Mexican dispute resolution prac- tice, commercial dispute resolution through oral trails has gained traction and popularity following a reform implemented in commercial matters, making them dynamic and efficient in their proceeding and resolu- tion of disputes. Mexican commercial legislation provides for a rage of special actions that may be pursued through different types of proceedings, including:
2. Litigation 2.1 Limitation Periods
Limitation periods vary depending on the type of claim brought. Different commercial statutes provide for dif- ferent causes of action depending on the subject mat- ter of the dispute. For example, in corporate matters, an action to oppose a resolution adopted at a shareholders’ meet- ing must be brought within 15 calendar days of the
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