Pre-Arbitral Proceedings

June 23, 2007
Pre-Arbitral Proceedings

Even though one of the advantages of arbitration is the possibility of resolving possible controversies in a substantially shorter term than what isregularly seen in a judicial proceeding, in certain commercial situations the nature of business implies that parties do not wish to wait for the decision ofa competent arbitrator or court. In these cases, with the goal of resolving the dispute or as part of preparation for the arbitral proceeding itself, theparties may agree to a "pre-arbitral proceeding" for urgent issues that require rapid resolution by a designated third party who has been previouslyauthorized by the parties to take immediate decisions and issue emergency orders prior to the formation of the arbitral panel, or a judge, as the case maybe. This type of proceeding is contemplated by both the International Chamber of Commerce (ICC), as well as the American Arbitration Association(AAA) and what is sure is that its validity and efficacy in Mexico is conditioned on the treatment of such proceedings under applicable MexicanMercantile Law.

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