Litigation Articles

May 8, 2015

Theory of Punitive Damages in Mexico

By Armando Quintana Freg

Due to the constitutional reform published in the Official Journal of the Federation on June 10, 2011, the protection of human rights was expanded, through the “Pro Homine” principle, to include provisions which require that international treaties be observed when they result in a favorable outcome. The foregoing applies despite the fact that prior to such reform, article 133 of the Constitution already incorporated the provisions of the treaties to which Mexico was a party under Mexican law. One of the international agreements that is of significant importance in this area is the American Convention on Human Rights, also known as the Pact of San Jose. Article 63 of said convention establishes the fundamental right to “total reparation” or “fair … read more

August 19, 2013

Agreement for the Implementation of the Electronic Signature and the Electronic Amparo Action (Amparo Electrónico) in México

By Jorge Sánchez-Cubillo and Armando Quintana

On July 8, 2013, the Official Journal of the Federation published the “General Joint Agreement number 1/2013 by the Supreme Court of Justice of the Nation, the Electoral Court of the Federal Judicial Branch, and the Federal Judiciary Board, relating to the Certified Electronic Signature of the Federal Judicial Branch (Firma Electrónica Certificada del Poder Judicial de la Federación) (“FIREL”) and the electronic file” (the “FIREL Agreement”). The FIREL Agreement, which became effective on July 9, 2013, establishes the technical basis for the implementation of the so called “Electronic Amparo Action,” with this being one of the most transcendent innovations of the new Amparo Action Law (Ley de Amparo) published on April 2, 2013. The Electronic Amparo Action (Amparo Electrónico) … read more

November 8, 2011

Recent Jurisprudence – Exception of Payment or Compensation in a Summary Commercial Action

The First Chamber of the Supreme Court of Mexico (SCJNC, for its acronym in Spanish) recently issued case decision 1a./J. 69/2011 titled “Exception of Payment or Consideration. It is proper to oppose such in a summary commercial action based on a credit instrument which has not been circulated, even when the respective payment was not annotated on the instrument itself, being that such constitutes a personal exception against the claimant.” Such case decision was issued pursuant to contradictory court opinions and, in its holding, the Supreme Court determined that payments made on account of or for the entirety of the debt, which were not annotated on the document that is the subject matter of the claim, shall be considered a … read more

July 23, 2007

Jurisprudence Relating to Administrative Litigation

The Second Chamber of the Supreme Court of Justice recently issued jurisprudence resolving the contradiction of rulings that existed with respect to the principle of finality and the need to exhaust the administrative lawsuit before going to a federal appeal (amparo). The contradiction was finally resolved by ruling that since article 28 of the Federal Law of Contentious Administrative Procedure contains greater requirements to grant a suspension than those foreseen in the amparo law, it is not necessary to first exhaust said procedure before turning to an amparo.