Arbitration in Mexico

Introduction

Commercial arbitration in Mexico is governed by Articles 1415 to 1480 of the Commerce Code (Código de Comercio), which are based on the UNCITRAL Model Law on International Commercial Arbitration (with the 2006 amendments). Mexico is a party to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958) and the Inter-American Convention on International Commercial Arbitration (Panama Convention, 1975). The legal framework is modern, arbitration-friendly, and aligned with international best practices.

Legal Framework

The Commerce Code arbitration provisions apply to both domestic and international arbitrations seated in Mexico. The law adopts the UNCITRAL Model Law’s core features: party autonomy, limited court intervention, kompetenz-kompetenz (the tribunal’s power to rule on its own jurisdiction), and exhaustive grounds for setting aside awards. Articles 1461 to 1465 address international arbitration specifically, defining internationality by reference to the parties’ places of business and the dispute’s subject matter.

Arbitration Agreement

An arbitration agreement must be in writing, contained in a signed document or exchanged communications (including electronic means). The agreement may be concluded as an arbitration clause in a contract or as a separate arbitration agreement. The law incorporates the UNCITRAL Model Law Article 7’s option 1 (writing requirement) without requiring strict formalities. Courts must refer parties to arbitration upon a valid arbitration agreement unless the agreement is null and void, inoperative, or incapable of being performed.

Arbitral Institutions

The Center for Alternative Dispute Resolution of the Mexican Bar Association (CAM) and the Arbitration Center of Mexico (Arbitraje México/AMEX) are the leading domestic arbitral institutions. AMEX administers both domestic and international arbitrations under its rules, which are based on the UNCITRAL Arbitration Rules. Major international institutions such as the ICC International Court of Arbitration, LCIA, and ICSID also administer arbitrations seated in Mexico.

Recognition and Enforcement

Foreign arbitral awards are recognized and enforced under the New York Convention and Articles 1469 to 1476 of the Commerce Code. The procedure follows the exequatur process, with limited grounds for refusal (incapacity, invalid agreement, due process violations, excess of authority, procedural irregularities, award not binding, or public policy). Mexican courts have demonstrated a pro-enforcement approach, narrowly construing the public policy exception.

Conclusion

Mexico provides a modern, arbitration-friendly legal framework based on international standards. The adoption of the UNCITRAL Model Law, adherence to the New York Convention, and the availability of experienced arbitral institutions make Mexico an attractive seat for both domestic and international commercial arbitration.