MEXICO Law and Practice Contributed by: Jorge Asali, Omar Colomé, Rodrigo Macin and Saul Fonseca, Bufete Asali
Parties are free to appoint any person – regardless of nationality, professional background, or bar admis - sion – to represent them in arbitral proceedings. Legal counsel need not be licensed to practice law in Mexi - co, nor are they required to hold domestic legal quali - fications. 8. Evidence 8.1 Collection and Submission of Evidence The general approach to evidence in arbitral proceed - ings seated in Mexico is governed by the principle of party autonomy. Under Article 1435 of the Commerce Code, parties are free to agree on the procedural rules that will govern the arbitration, including those relating to the collection and submission of evidence. In the absence of such an agreement, the arbitral tribunal has discretion to conduct the proceedings as it deems appropriate, including determining the admissibility, relevance, and weight of evidence. In practice, Mexican-seated arbitrations often draw upon international soft law instruments, particularly the IBA Rules on the Taking of Evidence in Interna - tional Arbitration, especially in complex or cross-bor - der disputes. These may include the use of witness statements, expert reports, cross-examination, and limited document production mechanisms, rather than full discovery. There are no domestic rules mandating procedures such as discovery or pre-trial disclosure. These mat - ters are generally addressed through party agreement or by reference to international best practices, often influenced by the procedural traditions of the parties or the applicable institutional rules. Ultimately, tribunals seated in Mexico have significant flexibility to tailor the evidentiary process to the needs of the dispute, while respecting the principles of equal
to follow the evidentiary rules applicable to domestic court proceedings. Instead, parties are free to agree on the evidentiary framework to be applied. In the absence of such agreement, Article 1435 of the Commerce Code grants the arbitral tribunal broad discretion to conduct the proceedings as it considers appropriate, including determining the admissibility, relevance, and weight of evidence. In practice, tribunals and parties frequently rely on the IBA Rules on the Taking of Evidence in Interna - tional Arbitration as a point of reference, especially in cross-border or complex disputes. These soft-law guidelines help structure document production, wit - ness statements, expert testimony, and the handling of privileged information. 8.3 Powers of Compulsion Arbitral tribunals seated in Mexico do not possess coercive powers to compel the production of docu - ments or the appearance of witnesses. However, Arti - cle 1444 of the Commerce Code provides that either the arbitral tribunal or a party – with the tribunal’s approval – may request assistance from a competent court to facilitate the taking of evidence. This includes ordering the production of documents, summoning witnesses, or compelling the enforcement of evidentiary measures. Courts may exercise such powers in accordance with domestic procedural rules. There is a practical distinction between parties and non-parties. While tribunals may expect parties to comply voluntarily with evidentiary orders as part of their procedural obligations, non-parties cannot be compelled without judicial intervention. In such cases, the tribunal or a party must formally request assis - tance from the judiciary.
treatment and due process. 8.2 Rules of Evidence
9. Confidentiality 9.1 Extent of Confidentiality
There are no codified rules of evidence that apply by default to arbitral proceedings seated in Mexico. The Commerce Code does not require arbitral tribunals
Mexican law does not provide a general rule estab - lishing the confidentiality of arbitral proceedings. The Commerce Code does not impose confidentiality obli -
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