MEXICO Law and Practice Contributed by: Jorge Asali, Omar Colomé, Rodrigo Macin and Saul Fonseca, Bufete Asali
case-by-case basis, taking into account the specific legal relationships and factual context.
While the Code does not specify which types of meas - ures can be granted in this context, courts enjoy broad discretion and often look to the general rules on pre - cautionary relief in commercial matters. Common forms of relief include asset freezes, injunctions, and orders to preserve evidence, often subject to the post - ing of a bond or guarantee by the applicant. Mexican courts can also grant interim measures in support of foreign-seated arbitrations, particularly when the respondent is domiciled in Mexico or when assets are located within the country. In such cases, jurisdiction may be exercised under Article 1422 of the Commerce Code. As for emergency arbitrators, Mexican law does not include specific provisions addressing their use. The Commerce Code draws no distinction between relief ordered by a tribunal and that granted by an emergen - cy arbitrator. As a result, it remains uncertain whether national courts would intervene once an emergency arbitrator has been appointed, as this issue has not yet been addressed in case law. 6.3 Security for Costs Arbitral tribunals are authorised to order security for costs when requested by a party. Article 1456 of the Commerce Code allows the tribunal to fix the amount of required deposits or additional deposits related to the costs of the arbitration. If the parties have agreed that a judge will oversee this function, or if the court consents to do so, the tri - bunal must consult with the judge before determining the amount. The court may then issue comments or observations regarding the appropriate level of secu - rity.
6. Preliminary and Interim Relief 6.1 Types of Relief
Arbitral tribunals are permitted to grant interim or pre - cautionary relief, and such measures are considered binding. This is established in Article 1479 of the Com - merce Code, which provides that interim measures ordered by an arbitral tribunal must be recognised and enforced by the courts, regardless of the state in which they were issued, unless an exception under Article 1480 applies. Tribunals may order a wide range of interim measures, including: • preservation of assets; • maintenance or restoration of the status quo; • protection of evidence; and • prevention of harm or prejudice to the arbitral process. Courts may refuse to enforce a tribunal’s interim measure only in limited circumstances, such as: • lack of a valid arbitration agreement; • failure to comply with a required guarantee; and • revocation or suspension of the measure by the arbitral tribunal; Importantly, courts may not review the substance of the measure, and are only permitted to assess com - pliance with formal grounds for enforcement. Interim measures are therefore mandatory and enforceable, unless one of the specific exceptions is met. 6.2 Role of Courts Mexican courts may play an active role in granting interim relief in support of arbitration, both before the arbitral tribunal is constituted and during the arbitral proceedings. This power is granted under Article 1425 of the Commerce Code, which allows parties to request interim measures from the judiciary despite the existence of an arbitration agreement.
7. Procedure 7.1 Governing Rules
Commercial arbitration procedure in Mexico is gov - erned by the Commerce Code, specifically Title IV, Book Five, which incorporates the UNCITRAL Model Law on International Commercial Arbitration with min - imal modifications.
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