MEXICO Law and Practice Contributed by: Jorge Asali, Omar Colomé, Rodrigo Macin and Saul Fonseca, Bufete Asali
2.2 Changes to National Law There have been no amendments to the arbitration provisions contained in Title IV, Book Five of the Mexi - can Commerce Code in the past year. The core legal framework governing commercial arbitration in Mex - ico remains unchanged and continues to reflect the original UNCITRAL Model Law. In 2024, Mexico enacted the General Law on Alter - native Dispute Resolution Mechanisms ( Ley General de Mecanismos Alternativos de Solución de Contro- versias ). While this law introduces national definitions and standards for various forms of alternative dispute resolution, its impact on arbitration is limited. Another legal development to monitor is the gradual implementation of the National Code of Civil and Fam - ily Procedure ( Código Nacional de Procedimientos Civiles y Familiares ), which is expected to be fully in force by 2027. While this new procedural code is not specifically aimed at commercial arbitration, it may have indirect effects on certain aspects of judicial intervention in arbitral proceedings. For example, the enforcement of noncommercial domestic awards. However, at this stage, the impact remains specula - tive, as the relevant provisions are not yet fully opera - tional, and their interaction with the Commerce Code has not been tested in practice. In Mexico, the requirements for a valid and enforce - able arbitration agreement are set out in Articles 1416 and 1423 of the Commerce Code, which are based on Article 7 of the UNCITRAL Model Law. These provi - sions apply equally to both domestic and international commercial arbitration. Article 1416 defines an arbitration agreement as an agreement by which the parties submit to arbitration all or certain disputes that have arisen or may arise between them in respect of a defined legal relation - ship, whether contractual or not. The agreement may 3. The Arbitration Agreement 3.1 Enforceability
take the form of an arbitration clause in a contract or a separate agreement. Under Article 1423, an arbitration agreement must be in writing. This requirement is broadly interpreted and can be satisfied in various ways: • through a document signed by both parties; • through the exchange of letters, emails, or other forms of written communication; or • by reference in a contract to a document contain - ing an arbitration clause, provided that the refer - ence clearly incorporates that clause as part of the agreement. 3.2 Arbitrability Arbitration is broadly permitted under Mexican law for commercial disputes. However, not all matters can be submitted to arbitration. The general rule is that only disputes involving rights that the parties may freely dispose of ( derechos de libre disposición ) are arbitra - ble. This foundational principle is recognised across Mexican legislation and has been consistently applied by courts. Matters that involve public policy, the status of indi - viduals, or the exercise of state authority are generally considered non-arbitrable. These include, for exam - ple, criminal, labour, and family law issues, where indi - vidual rights or broader public interests are at stake. Additionally, Mexican law provides several statutory references identifying matters that may not be referred to arbitration: • Article 568 of the Federal Code of Civil Procedure establishes that Mexican courts have exclusive jurisdiction over disputes involving: (a) rights over land, water, the subsoil, airspace, territorial sea, and continental shelf within national territory; (b) sovereign rights over resources in the exclusive economic zone under the Federal Law of the Sea; (c) acts of authority or matters relating to the inter - nal regime of the Mexican state or its institu - tions; (d) the internal functioning and official acts of
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