A TREATISE FOR LEGAL PRACTITIONERS
AND
INTERNATIONAL INVESTORS
   
   
 
Volume 1
Chapter 16 Summary
   

More than a hundred years after its enactment the Mexican Commercial Code, which is a federal statute governing commercial matters in the 31 states and the Federal District, was finally amended on 1993 to modernize and update its commercial litigation and arbitration chapters.

New Title Four of Book V of the Code closely follows the guidelines of UNCITRAL (United Nations Commission of International Trade Law) Model Law. Mexico had previously ratified the U.N. (1958) New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards and the OAS (1975) Panama Inter-American Convention on International Commercial Arbitration. However, before the new arbitration law came into effect an apparent dichotomy prevailed as commercial arbitration was governed by two different sets of rules (international and domestic).

Cases with an international component were regulated by Mexican international law while domestic cases were still conducted by the local codes of civil procedure. Although the Model Law is geared to international arbitration, in order to avoid two legal regimes concerning arbitration coexisting within Mexico, Congress made the necessary changes to provide that the new statute should apply to both domestic and international disputes, when in the latter case the arbitral proceedings were conducted in national territory.

Summing up, the new (1993) statute governing commercial arbitration is a state-of-the-art piece of legislation, which should further the international settlement of disputes.

   
 

Author & General Coordinator:
JORGE A. VARGAS
Professor of Law,
University of San Diego School of Law
Published by ©West Group (1998)
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The Seven Appendices  
Synopsis 1 thru 20  
Synopsis 21 thru 40  
Recent Developments  
Volume 1 Table of Contents  
Volume 2 Table of Contents  
Volume 3 Table of Contents  
Volume 3 Preface  
Volume 3 Introduction  
Volume 4 Table of Contents  
Volume 4 Introduction  
     
 
Dictionary Description  
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Examples of Legal Terms  
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1. Introduction  
1.1 Overview of Mexico's Legal System  
1.2 Mexican Law Information in Spanish  
1.3 Mexican Law Information in English  
     
2. Legislative Enactments  
2.1 No Mexican Federal Statutes in English  
2.2 Mexican Federal Statutes in Spanish  
2.3 Mexico's Major Codes in Spanish  
a. Federal Civil Code  
b. Code of Commerce  
c. Code of Civil Procedure  
d. Federal Code of Criminal Procedure  
e. Federal Criminal Code  
f.  Fiscal Code of the Federation  
2.4 Mexico's Diario Oficial de la Federación  
2.5 The Federal Constitution of 1917  
a. Mexico: A Federal Republic  
b. The Executive Power  
c. The Legislative Power  
d. The Judicial Power  
     
3. International Treaties and Conventions  
3.1 Secretariat of Foreign Affairs (SRE)  
3.2 List of International Treaties and Conventions on conflict of laws,
business and environmental questions to which Mexico is a party
 
3.3 International Judicial Cooperation  
     
4. Mexico's Federal Government  
     
5. State Governments  
5.1 Specific State legislation (i.e, State Constitution, codes, laws, etc.)  
     
6. Legal Background and History of Mexico  
     
APPENDIX I Mexico's Federal Legislation  
APPENDIX II Mexico's 18 Secretariats of State Web Sites  
APPENDIX III Web Sites of Mexico's 31 States  
APPENDIX IV Compendium of the Best Mexican Law Web Sites (5 in English and 6 in Spanish)