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Arbitration in Mexico


ISBN13: 9789403525273
Published: October 2024
Publisher: Kluwer Law International
Country of Publication: Netherlands
Format: Hardback
Price: £180.00



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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.

Subjects:
Arbitration and Alternative Dispute Resolution
Contents:
Foreword

PART I. Introduction and Regulatory Framework
CHAPTER 1. Arbitration in Mexico: An Overview
CHAPTER 2. Regulatory Framework in Mexico: The National and International Dimensions

PART II. Commercial Arbitration
CHAPTER 3. The Arbitration Agreement under Mexican Law
CHAPTER 4. The Separability of the Arbitral Clause and the Competence of the Arbitral Tribunal in Mexico
CHAPTER 5. Public Policy and Arbitrability in Mexico
CHAPTER 6. Arbitrators and Arbitral Tribunals
CHAPTER 7. Document Production
CHAPTER 8. The Measure of Damages in Mexico and Their Quantification

PART III. Judicial Intervention in Support of International Arbitration
CHAPTER 9. Judicial Aid to International Arbitration in Mexico
CHAPTER 10. Interim Measures under the Mexican Lex Arbitri
CHAPTER 11. Recognition and Enforcement of Arbitration Awards in Mexico
CHAPTER 12. Setting Aside Arbitration Awards in Mexico

PART IV. Investment Arbitration
CHAPTER 13. Mexico’s International Investment Law Framework: Bilateral and Multilateral Investment Treaties
CHAPTER 14. Mexico’s Legacy in the Investment Treaty Practice

PART V. Particular Issues and Players in Mexican Arbitration
CHAPTER 15. Commercial Arbitration and State Entities
CHAPTER 16. Arbitration in the Mexican Power Sector
CHAPTER 17. The Rise in Mexico’s Energy Disputes: A Focus on Oil and Gas Cases
CHAPTER 18. Shareholders and M&A Disputes
CHAPTER 19. Technology and International Arbitration in Mexico
CHAPTER 20. Mediation and Negotiation in Mexico: The Three-Cushion Carom

PART VI. Conclusion
CHAPTER 21. Concluding Thoughts on Arbitration in Mexico