Complex Commercial Litigation in Mexico

On September 2024, a constitutional reform introduced structural changes to the federal judicial power, mainly:

  1. renewal of federal judges: the nine Supreme Court justices and all circuit magistrates and federal judges will be removed and subsequently elected by popular vote. Current officeholders may run for election to the same position; and
  2. reorganisation of the Supreme Court: the number of justices has been reduced from 11 to nine and the length of their term has been reduced from 15 to 12 years. The Supreme Court will now only function in plenary sessions, eliminating its two chambers.

In Mexico, commercial disputes can be resolved by both local and federal judges, although most of them are resolved by the local state judiciary. Nevertheless, the final instance in a commercial dispute is the amparo directo, which is decided by a Collegiate Circuit Court (part of the Federal Judiciary). Therefore, the judicial reform will impact commercial litigation to a greater or lesser extent. It will thus be important to monitor its implementation, which will mainly be carried out through secondary regulation.  

 

 



Symbiosis
 focuses its efforts in terms of export promotion, assistance with direct investment, and internationalization of Canadian companies. With deep cultural and business ties with the region and an understanding of the challenges presented to Canadian clients doing business in Mexico. Our team is positioned to timely and efficiently assist clients in providing counsel and the legal tools to assist in their positioning in Mexico. For further information, please contact us or book a call/video conference with a member of our team, it would be our pleasure to meet you and talk about your project. 

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