Mexico publishes long-awaited ADR Law
New General Law on Alternative Dispute Resolution Mechanisms On January 26, 2024th, the new General Law on Alternative Dispute Resolution Mechanisms (“GLADRM”) was published in the Official Journal of the Federation, in compliance with the 2017 constitutional amendment that made Alternative Dispute Resolution Mechanisms a constitutionally protected practice in Mexico. The GLADRM seeks to regulate […]
Validity of Mediation Agreements in Mexico City
Mediation is one of the alternative dispute resolution methods available in Mexico. In mediation, the parties go to a mediator to avoid or put an end to a dispute after negotiation, with reciprocal concessions. This results in an agreement, which, when executed before an authorized mediator, has the status of res judicata, the same as […]
Important Supreme Court decision on wire transfers
In May 2021, the First Chamber of the Mexican Supreme Court of Justice (the “SCJN” for its initials in Spanish), in decision 206/2020 resolving prior contradictory rulings, held that electronic transfers carried out through systems provided by banking institutions should not be considered infallible; therefore, there is no absolute legal presumption as to their proper […]
Methods for Judges to uphold the principles of the Mexican Constitution and Treaties
On June 19th, 2022, two important judicial decisions were issued by the First Chamber of the Mexican Supreme Court and published under case numbers 1a./J. 84/2022 (11a.) and 1a./J. 85/2022 (11a.), with the headings: “Adherence to Constitutionality and conventionality ex officio. Methodologies to exercise such adherence” and “Upholding Ex officio legal constitutionality and conventionality. Such does not imply […]
Mexico’s Supreme Court issues decision on scope of powers of attorney
In accordance with Mexican law, the delegation of authority to a third party, whether by a company or an individual, must follow a formal procedure through the execution of a written power of attorney, which in most cases consists of a written instrument establishing the specific authority that the attorney-in-fact will have. The granting of powers […]
Judicial proceedings in Mexico in the wake of the pandemic
When the pandemic arrived in 2020, the way in which certain legal proceedings were conducted changed, in some cases radically. These may be the most important and significant updates not deriving from legislative amendments, but rather the existing legal framework. This resulted in certain modifications to the way the legal machinery was carried out to […]
