MEXICO Law and Practice Contributed by: Jorge Asali, Omar Colomé, Rodrigo Macin and Saul Fonseca, Bufete Asali
Mexican embassies and consulates abroad; and (e) any other matters expressly assigned to the exclusive jurisdiction of national courts by law. • Article 540 of the National Code of Civil and Family Procedure (which will become fully applicable by 2027) confirms that arbitration is not permitted in: (a) claims for child support, custody, visitation rights, and other rights of children and adoles - cents; (b) divorce proceedings (except for property divi - sion or financial issues); (c) annulment of marriage; (d) matters involving personal status (such as civil capacity), unless otherwise provided in the ap - plicable civil or family codes; and (e) any other matters expressly prohibited by law. In addition to the general framework, sector-specific laws also impose limitations. For instance: • The Hydrocarbons Law prohibits arbitration in cases involving administrative rescission of state contracts. • The Public-Private Partnerships Law excludes arbitration when the dispute arises from a unilateral termination by the government. In conclusion, interpreters must adopt a case-by-case approach to determine arbitrability, guided by the nature of the rights at issue and whether public poli - cy is involved. While the law provides examples and general exclusions, courts tend to interpret restric - tions narrowly in commercial contexts. As a result, arbitration agreements are generally upheld unless the subject matter clearly falls within one of the categories deemed non-arbitrable by law. 3.3 National Courts’ Approach Mexican courts have consistently adopted a pro-arbi - tration approach, grounded in both statutory law and constitutional principles. The legal framework strongly favours the enforcement of arbitration agreements and awards, and judicial practice reflects this com - mitment. One of the guiding principles is that of minimal judi - cial intervention ( principio de mínima intervención
judicial ). Courts recognise that their role in arbitration is limited to what the law expressly allows. This prin - ciple, alongside party autonomy, has been expressly upheld in court decisions, such as in the judgment of the Pleno en Materia Civil del Primer Circuito – “ JUICIO ARBITRAL. SE RIGE POR LOS PRINCIPIOS DE AUTONOMÍA DE LA VOLUNTAD O VOLUNTARIE- DAD Y DE MÍNIMA INTERVENCIÓN JUDICIAL ” (Reg - istro digital: 2022901). Courts also give full effect to the binding nature of arbitration agreements, recognising both their posi - tive and negative effects. That is, parties are obliged to resolve disputes through arbitration (positive effect) and are barred from pursuing the same dispute in court (negative effect), except in narrowly defined circumstances. This approach is reflected in deci - sions such as “ NULIDAD DE ACTOS DENTRO DEL PROCEDIMIENTO ARBITRAL MERCANTIL. NO COR- RESPONDE SU CONOCIMIENTO A UN TRIBUNAL JUDICIAL ” (Registro digital: 172973). When determining the law governing the arbitration agreement, Mexican courts prioritise party autonomy. If the parties have expressly chosen the applicable law, courts will respect that choice. In the absence of an express agreement, courts typically consider fac - tors such as the law governing the underlying contract or the law of the seat of arbitration. This approach aligns with international standards under the UNCI - TRAL Model Law, which forms the basis of Mexico’s arbitration framework. On the issue of enforcement, Mexican courts view arbitral awards as final and binding, granting them the effect of res judicata. Judicial review is limited to procedural grounds, such as due process violations or conflicts with public policy, and does not extend to the substance of the award. Key decisions reaffirming this position include “ ARBITRAJE. LOS LAUDOS FIRMES ADQUIEREN LA CATEGORÍA DE COSA JUZGADA ” (Registro digital: 187010), and “ LAUDO ARBITRAL. SU HOMOLOGACIÓN POR AUTORIDAD JUDICIAL ORDINARIA… ” (Registro digital: 186229). Courts also uphold procedural protections for parties invoking arbitration agreements. A party may request referral to arbitration at any stage before final judg -
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