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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.
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