MEXICO Trends and Developments Contributed by: Carlos de la Garza, Raúl Acosta and Enrique Tamez, De la Garza & Acosta
• the defendants had not been personally served in compliance with Article 1347-A of the Mexican Code of Commerce; and • the contract’s jurisdiction clause – stipulating Mexi - can courts as the exclusive forum – prevented the judgment enforcement. This decision was upheld on appeal and later chal - lenged via amparo proceedings. The initial amparo was denied, prompting the claimant to file an amparo review (appeal). Upon review, the Collegiate Court reversed the lower court’s judgment and granted the amparo , ordering the District Court to issue a new decision. The superior Collegiate Court found that the authorities had failed to properly assess the evidentiary value of the letter rogatory and its annexes, all of which had been duly legalised and translated. Furthermore, under Article 86 bis of the Federal Code of Civil Procedure, Mexican courts are obliged to apply foreign law as it would be applied by the courts of the originating jurisdiction. The judgment of the California court – disregarding the jurisdiction clause under its own public policy – should therefore have been given due legal weight. This case serves as a reminder that the enforcement of foreign judgments can occasionally create chal - lenges aimed at undermining their validity – such as, in this instance, an attempt to question the jurisdiction of a California court despite the existence of a forum selection clause. Nonetheless, the Mexican Colle - giate Court upheld the principle of deference to for - eign adjudications, ensuring that enforcement would proceed without revisiting matters already resolved On 7 June 2023, a new National Code of Civil and Family Procedures was published, which will leave the 32 local civil procedure codes without effect. The Fed - eral Code of Civil Procedure will have to unify them into a single code, similarly to what was previously done with the criminal procedure codes. This new code establishes clearer and more mod - ern rules for the enforcement of foreign judgments in Mexico, even setting rules for enforcing precaution - by the foreign court. Upcoming regulation
ary measures or interim measures ordered abroad. Its importance in commercial matters is significant, as issues not regulated by the Commercial Code are supplemented by federal civil legislation. Although it was published in the Official Gazette of the Federation in June 2023, its implementation requires the training of personnel, equipping facilities, and other necessary measures to ensure its operability. As such, Mexican states have been allowed to defer its entry into force gradually, with the deadline set for 1 April 2027. This means that the federal government and each state will determine when the code takes effect, but no later than the stated deadline. Among other relevant points, the code allows for the enforcement of judgments or awards, as well as “reso - lutions” enabling the enforcement of interim measures or other resolutions that are not necessarily final judg - ments or awards concluding a trial or arbitration. The National Code of Civil and Family Procedures states in Article 1137 that national judicial authorities can enforce interim measures ordered by a foreign judicial authority when intended to ensure the safety of persons and property. It also establishes that the place where the enforcement of the foreign judgment, award or resolution should be requested is where the defendant resides or where the assets to be enforced are located. The code recognises the possibility of enforcing judi - cial settlements or agreements between parties, sanc - tioned by a foreign judicial authority, provided that – as in Mexico – these agreements are given the status of final judgments in their country of origin. A certification from the foreign judicial authority, indicating that the settlement or part of it is enforceable as a final and definitive judgment, must be included. Finally, the code stipulates that if a public auction of assets is required, the resulting funds will be at the disposal of the foreign judicial authority, up to the amount specified in the resolution. On 15 September 2024, a constitutional reform pro - moted by Mexico’s majority party, Morena, was pub - lished in the Official Gazette of the Federation. This
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