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Pursuant to the legal provisions on commercial arbitration regulated in the Commerce Code and the Arbitration Rules of the ICC, arbitral awards are binding to the parties and must be complied without delay.

In Mexico, the antitrust practice has been, since its creation, one of our most sophisticated and complex topics in Mexican Law. This has caused a number of changes in both institutions and legislation, most of them related to increasing powers from antitrust authorities and sanctions for those that breach antitrust law in Mexico, making it an extreme agile practice in Mexico.

In Mexico, as of 1 December, 2012, we have had a newly elected administration which is spearheaded by the president Mr. Enrique Peña Nieto from the Institutional Revolutionary Party (PRI), who has shown his determination to further develop the renewable energy market in the country, position which we could confirm as well from Mexico’s National Energy Strategy (2013-2027) recently issued by the Federal Ministry of Energy (SENER).

In a decision dated 13 July 2012, but not published until February 2013, the Second Collegiate Tribunal in Civil Matters of the Third Circuit ruled that it can enforce a provisional measure ordered by an arbitral tribunal without giving the affected party an opportunity to be heard.

In 2000, Mexico published its new Mexican Bankruptcy Law (MBL) , which substitutes the one that governed bankruptcy issues since 1943. This new law was drafted based on the model law issued by the United Nations Comission on International Trade Law (UNCITRAL) and Mexico was the first country that adapted its law to such model.

The common law and civil law systems adopt contrasting approaches to the taking of evidence. The International Bar Association (IBA) Rules on the Taking of Evidence in International Arbitration were developed to offer a neutral approach that would help to avoid the risk of cultural clashes between practitioners from different traditions.

Despite a legal tradition that has embraced alternative dispute resolution methods dating to the 17th century, Mexico has been somewhat slow to adapt to international commercial arbitration principles in its more recent history.

Mandatory tender offers in Mexico are primarily regulated by Articles 95 and following of the Securities Market Law and its corresponding general provisions, applicable to listed companies and other participants in the securities market and issues by the National Banking and Securities Commission (CNBV).