Abstract
The 1990s were a time of vibrant international rulemaking in the field of international economic law, during which Mexico transformed from a closed to an open economy. In 1993, Mexico adopted the 1985 UNICITRAL Model Law on International Commercial Arbitration. In 2011, Mexico amended its commercial code by introducing a specific proceeding to enforce and set aside arbitration awards titled “Juicio Especial sobre Transacciones Comerciales y Arbitraje.” Alongside these amendments, Mexico became an internationally relevant jurisdiction for the recognition and enforcement of foreign arbitral awards. This article analyzes the evolution of the Mexican Supreme Court of Justice’s jurisprudence concerning international commercial arbitration to lay out the procedural evolution that Mexican courts have faced when enforcing or setting aside international arbitral awards. This article will also discuss the impact of the constitutionalization of alternative dispute resolution mechanisms established in Article 17 of the 2008 Federal Constitution amendment to adopt the features of the new adversarial criminal law and issues of public security. Though the Supreme Court of Justice and practitioners have interpreted this provision to both protect and redefine arbitration.
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