MEXICO Law and Practice Contributed by: Carlos Hernandez, Roxana Aispuro and Luis Emilio Moncada, BC&B Law & Business
10. Alternative Dispute Resolution 10.1 Dispute Resolution Mechanisms In Mexico, ADR mechanisms such as arbitration are available for resolving trade secret disputes. This mechanism is foreseen in the Commercial Code. Timing can vary depending on the particularity of the case. However, in most of the cases the owner can expect a decision in no more than one year. As regards the estimate of costs, it is important to mention that costs are generally lower, as the process involves fewer legal fees and fewer
procedural steps. However, fees of the arbitrator must be considered. The main advantages of ADR are the confiden - tiality, flexibility and enforceability of the arbitra - tion. The arbitration process allows for greater confidentiality, which is critical in trade secret disputes. This can prevent public disclosure of sensitive information. Finally, please consider that provisional meas - ures can be requested during an arbitration. However, they cannot be requested from the arbitrator and must be requested before the corresponding authority, such as the MIIP or a federal court.
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