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Arbitration in Mexico

Arbitration in Mexico

SKU:10105322-0001
Gloria M. Alvarez, Carlos Alvarado
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Price:
$203.00
Product Line
Kluwer Law International
ISBN-13
9789403525273
Availability
Ships in 5-7 Business Days
Last Updated
2024-10-09

Overview

About this book:

Arbitration in Mexico is the most comprehensive and first-of-its-kind book in English on arbitration law and practice in Mexico, offering an exhaustive pragmatic analysis of arbitration in Mexico in various fields and an in-depth description and analysis of the role and attitude of national courts towards arbitration and national, regional, and international arbitration institutions. Mexico has played a major role in shaping the growth and development of international arbitration practice, in significant part due to its global prominence at the competitive forefront of manufacturing, agriculture, telecommunications, finance, real estate, tourism, trade, and commercial transactions, all while crafting its own policies to achieve the energy transition. In addition, its close ties with the United States and Canada and its important business relations with the rest of the world have made Mexico a leading subject of investment treaty practice.


What’s in this book:

Authored by the luminaries of Mexican arbitration practice and scholarship, the contributions clearly and succinctly extricate complex but common issues arising in commercial and investment treaty disputes. The following features of Mexico’s dynamic body of arbitration law and practice have been covered:


  • legal framework in which arbitration in Mexico operates;
  • characterization of international arbitration principles by Mexican courts;
  • cases which require decisions by a national court or authority;
  • public policy and arbitrability;
  • authority and duties of the arbitral tribunal;
  • document production in the Mexican arbitration practice;
  • judicial intervention in support of international arbitration;
  • state entities as actors in arbitration disputes;
  • hydrocarbons, power and M&A disputes;
  • use of technology in arbitral proceedings; and
  • quantum and damages.


How this will help you:

This book furnishes a thorough understanding of all of Mexico’s arbitration law and practices nationwide, practical guidance on identifying and assessing the different theoretical and practical legal avenues available, and relevant usages of ADR mechanisms in commercial disputes. It will be highly appreciated by arbitrators, judges, in-house counsel, Mexican state-owned companies, global law firms, large- and medium-sized companies doing transnational business, policymakers, and arbitration academics.

Table Of Contents

Editors


Associate Editor


Contributors


Foreword

Claudia T. Salomon


PART I

Introduction and Regulatory Framework


CHAPTER 1

Arbitration in Mexico: An Overview

Bernardo Sepúlveda, Luis Jardón & Camilo Soto


CHAPTER 2

Regulatory Framework in Mexico: The National and International Dimensions

Ana Sofía Sapiña Errecart & Cecilia Azar Manzur


PART II

Commercial Arbitration


CHAPTER 3

The Arbitration Agreement under Mexican Law

Elsa Ortega López


CHAPTER 4

The Separability of the Arbitral Clause and the Competence of the Arbitral Tribunal in Mexico

Salvador Fonseca González


CHAPTER 5

Public Policy and Arbitrability in Mexico

Francisco González de Cossío


CHAPTER 6

Arbitrators and Arbitral Tribunals

Eduardo Siqueiros T.


CHAPTER 7

Document Production

Carlos Manuel Loperena Ruiz & Alejandro Flores Patiño


CHAPTER 8

The Measure of Damages in Mexico and Their Quantification

Herfried Wöss & Adriana San Román Rivera


PART III

Judicial Intervention in Support of International Arbitration


CHAPTER 9

Judicial Aid to International Arbitration in Mexico

Carlos Alvarado


CHAPTER 10

Interim Measures under the Mexican Lex Arbitri

Víctor M. Ruiz & Andrea Orta


CHAPTER 11

Recognition and Enforcement of Arbitration Awards in Mexico

Montserrat Manzano & Adrián Magallanes


CHAPTER 12

Setting Aside Arbitration Awards in Mexico

Vicente Bañuelos Rizo


PART IV

Investment Arbitration


CHAPTER 13

Mexico’s International Investment Law Framework: Bilateral and Multilateral Investment Treaties

Alan Bonfiglio Ríos & Jorge Escalona Gálvez


CHAPTER 14

Mexico’s Legacy in the Investment Treaty Practice

Orlando Federico Cabrera Colorado


PART V

Particular Issues and Players in Mexican Arbitration


CHAPTER 15

Commercial Arbitration and State Entities

Marco Tulio Venegas & Michelle Carrillo


CHAPTER 16

Arbitration in the Mexican Power Sector

René Irra de la Cruz & Elisa Legorreta Pastor


CHAPTER 17

The Rise in Mexico’s Energy Disputes: A Focus on Oil and Gas Cases

Diana María Pineda Esteban & Julia González Romero


CHAPTER 18

Shareholders and M&A Disputes

Rodrigo Zamora Etcharren & Ana María Castro Dosal


CHAPTER 19

Technology and International Arbitration in Mexico

Luis Omar Guerrero Rodríguez, Eduardo Lobatón Guzmán, Andrés Peña Loyo & Fernanda Serrano Cortez


CHAPTER 20

Mediation and Negotiation in Mexico: The Three-Cushion Carom

Fernando Navarro Sánchez


PART VI

Conclusion


CHAPTER 21

Concluding Thoughts on Arbitration in Mexico

Celia Cañete & Gloria M. Alvarez

Testimonial

Arbitration in Mexico is an essential reference for understanding arbitration in Mexico, in commercial and investment treaty disputes, in a wide range of legal and economic sectors. It provides a comprehensive and updated view of its regulatory framework, practices, and challenges, including an analysis of the role and attitude of national courts towards arbitration. It is particularly valuable for lawyers, academics, and arbitration professionals interested in the development of arbitration in Mexico, and to understand Mexico’s position as the leading Spanish-speaking arbitration hub in Latin America.


—Fabio Núñez del Prado, Partner, Rebaza, Alcázar & De las Casas, Peru / Dispute Resolution Bulletin | 2025 | Issue 1

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Arbitration in Mexico | Wolters Kluwer Legal & Regulatory