The judicial system offers several alternatives to the state or federal courts for resolving disputes that arise between an entity and an authority or between two entities. One such alternative is arbitration, which is recognized by the laws of Mexico, in some legislation, such as the Civil Aviation Law and the Code of Commerce, among others.
The obvious question is: Why resolve disputes through arbitration and not before the judicial authorities provided by the state for free? The answer is simple and is related to the degree of specialization provided by both the commercial arbitrators involved in rendering the final decision, and the lawyers involved in bringing about a favorable outcome for the client and who provide business consultancy specialized in the commercial activity dealt with in the arbitration.
In addition to the aforementioned, commercial arbitration is an alternative means of dispute resolution in which convention and best business practices have a greater bearing and are a primary and not secondary tool considered in the resolution of the dispute in question.
Is it possible to agree to resolve conflicts through commercial arbitration clauses, when entering into a contract with an entity or authority? If commercial arbitration is not chosen as a mean to resolve conflicts from the start, can you agree to this later on? How is such a process regulated and carried out? Can I enforce the resolution through government law enforcement, in the event that the convicted party fails to comply with the resolution? And if the defendant is abroad or is a foreigner, can they be sued in this way? We will help you answer all these questions and will go over them as part of our legal services, as we advise you at the moment of signing a contract or when a client needs us for their defense or to exercise a legal action before the courts offered by the State apparatus, whether it is before or after the lawsuit is initiated.