MEXICO Law and Practice Contributed by: Adrián Magallanes, Diego Sierra and Rodrigo Barradas Muñiz, Von Wobeser y Sierra, SC
• the New York Convention for the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention); • the Inter-American Convention on Interna- tional Commercial Arbitration (the Panama Convention); • the Inter-American Convention for Extrater- ritorial Validity of Foreign Judgments and Arbitral Awards (the Montevideo Convention); and • the Convention on the Settlement of Invest- ment Disputes between States and Nationals of other States (ICSID). 13.2 Subject Matters Not Referred to Arbitration Under Mexican law, the following subject mat- ters cannot be referred to arbitration: • personal and commercial bankruptcy (Article 1 of the Bankruptcy Law); • criminal liability (Article 1 of the National Code of Criminal Procedure); • disputes regarding the management of Mexi- can embassies, consulates and government agencies (Article 568 of the Federal Code of Civil Procedure); • territorial resources and waters (Article 568 of the Federal Code of Civil Procedure); • exclusive economic zone area resources (Article 568 of the Federal Code of Civil Pro- cedure); • sovereign decisions and acts of authority (Article 567 of the Federal Code of Civil Pro- cedure); • labour disputes (Article 123, Section XXXI, of the Mexican Constitution); • agrarian disputes (Article 27, Section XIX, of the Mexican Constitution); • family and civil status issues (Article 52 of the Superior Court of the Federal District Organi- sational Act);
• administrative rescission of exploration and extraction agreements between a private contractor and the National Commission of Hydrocarbons (Article 321 of the Hydrocar- bons Law); • administrative rescission and early termina- tion of public purchase and sale, lease and service agreements (Article 80 of the Law of Acquisitions, Leases and Services of the Public Sector); • administrative rescission and early termina- tion of public works contracts (Article 98 of the Law of Public Works and Related Ser- vices); • taxes (Article 14 of the Tax and Administrative Federal Court Organisational Law); and • other matters as recognised by applicable statutory law. 13.3 Circumstances to Challenge an Arbitral Award Parties can file a petition to set aside an award within three months of notice of the award being given. The challenge can only be based on limit- ed and specific causes that mirror the ones pro- vided in the UNCITRAL Model Law, as follows: • a party to the arbitration agreement was under some incapacity, or said agreement is not valid under the law to which the parties have subjected it; • the party making the application was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings, or was otherwise unable to present their case; • the award deals with a dispute not contem- plated by or not falling within the terms of the submission to arbitration, or contains deci- sions on matters beyond the scope of the submission to arbitration;
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