MEXICO Law and Practice Contributed by: Jorge Asali, Omar Colomé, Rodrigo Macin and Saul Fonseca, Bufete Asali
7.3 Powers and Duties of Arbitrators While the Mexican Commerce Code does not provide an exhaustive list of arbitrators’ powers and duties, several core principles and obligations can be drawn from its provisions, particularly Articles 1435 and 1448. Powers of Arbitrators Under Article 1435, arbitrators have broad authority to conduct the proceedings as they consider appro - priate, subject to party agreement. Their key powers include: • determining procedural rules, where the parties have not agreed otherwise; • ruling on jurisdiction, including objections to the existence or validity of the arbitration agreement; • issuing interim measures, as permitted under Arti - cle 1479; • conducting hearings and determining the form and timing of submissions and evidence; and • deciding the case ex aequo et bono, but only if expressly authorised by the parties. These powers reflect the principle of party autonomy and are exercised within a flexible framework designed to respect the parties’ procedural choices. Duties of Arbitrators Arbitrators are also bound by a set of fundamental duties, including: • ensuring equal treatment of the parties and full opportunity to present their case (Article 1434); and • issuing a reasoned award, in writing and signed by the arbitrators, unless the parties agree otherwise (Article 1448). Although not codified in detail, arbitrators are expect - ed to act with independence, impartiality, and dili - gence, in line with general principles of international arbitration and Mexican judicial expectations. 7.4 Legal Representatives There are no specific qualifications or licensing require - ments imposed on legal representatives in arbitration proceedings seated in Mexico. This applies equally to domestic and international arbitrations.
This legal framework applies to both domestic and international commercial arbitrations seated in Mexico and provides comprehensive rules on all procedural aspects, including the constitution of the tribunal, conduct of proceedings, interim measures, and set - ting aside of awards. Because the Commerce Code is based on the original 1985 version of the Model Law, it does not incorpo - rate the 2006 amendments. However, Mexican courts interpret its provisions in line with international stand - Mexican arbitration law allows for significant proce - dural flexibility, and there are no rigid procedural steps that must be followed in every case. Under Article 1435 of the Commerce Code, the procedure is gen - erally governed by the parties’ agreement, or, in the absence of such agreement, by the decisions of the arbitral tribunal. That said, a few basic procedural safeguards are required by law: • Equal Treatment and Due Process: Article 1434 mandates that both parties must be treated with equality and given a full opportunity to present their case. • Statement of Claim and Defence: Article 1439 pro - vides that, unless otherwise agreed, the claimant must submit a written statement of claim setting out the facts, legal issues, and relief sought, and ards and best practices. 7.2 Procedural Steps the respondent must reply accordingly. Parties must also submit or refer to relevant evidence at this stage. • Hearings: According to Article 1440, hearings must be held if one party so requests, unless the parties have agreed that no hearings will take place. • Award Formalities: Article 1448 requires that the final award be reasoned and in writing, and signed by the arbitrators. These provisions provide a basic procedural frame - work while preserving party autonomy and flexibility in designing the arbitral process.
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