Commercial Arbitration. Recent Decision from the Mexican Supreme Court of Justice Regarding the Constitutionality of Prohibiting a Judicial Review of the Merits of an Arbitration Award

On December 9th, 2022, two binding case law decisions were published by the First Chamber of the Mexican Supreme Court of Justice, under numbers 1a. XXXII/2022 (10a.) and 1a. XXX/2022 (10a.), confirming the constitutionality of articles 1457, section I, paragraph b), and 1434 of the Commercial Code, as they refer to the violation of the […]

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 […]

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