By Guillermo Madrigal On January 31st, the Second Chamber of the Supreme Court of Justice of the Nation (SCJN) granted protection against the reforms to
Commercial Dispute Resolution
Table Of Content
1. COMMERCIAL DISPUTE RESOLUTION
Conflict resolution is a latent necessity in commercial relations, in the development of trade it is not uncommon for differences or obstacles to arise that prevent the execution of agreements in the way they were originally planned.
In recent years, technological advances have allowed corporations to expand to new and more complex markets, this accelerated growth has increased competition between companies and has generated the need for a stricter regulatory framework, these phenomena have turned commercial disputes more frequent and complex, at Vega, Guerrero & Asociados we have specialized our practice in the efficient resolution of these problems through innovative litigation strategies, as well as the use of Alternative Dispute Resolution procedures such as National and International Arbitration and Mediation.
Our team of high skilled professionals has the skills to support our clients through the development of their transactions to minimize the risk that a contingency arises. So in the case these can´t be prevented, we can guide our clients through the negotiations prior to the start of a contentious procedure and present the best option for the resolution of the dispute, through a detailed overview of the steps to be followed, as well as the possible results of each of the strategies that we consider advisable for the better resolution of the conflict.
We understand the needs of our clients, their way of doing business, and the cultural context in which they develop their commercial relationships, that is why we have focused on developing a practice of National and International Arbitration that allows our clients to take advantage of the many and very varied advantages that our expertise on dispute resolution presents, thus following the constant evolution of business, we can present our clients with invaluable strategies of success; our team of Arbitration experts makes a clear difference with our opponents and this is always reflected in a quick and effective dispute resolution.
Trust our ability, experience, and reputation to achieve the best possible outcome, which is why we have an excellent team of commercial and civil litigation, which is widely recognized in a variety of State Courts, both in México and abroad, we are characterized by a clear trend towards innovation, we are not satisfied with the traditional way of Dispute Resolution, we clearly understand that time is essential for our clients, and proactive risk reduction is an invaluable skill
That is why we have consolidated our practice so that the moment a controversy arises; we resolve it in a cost-effective and efficient manner. We achieve this with experience gained after decades of practice in this area, we represent individuals and corporations at all stages of national and international litigation.
Our structure provides clients with strong support and active advisory to help our clients make informed decisions; they trust us to guide them through their most important litigation challenges. Our experience in complex and controversial matters, coupled with our technical capabilities and solid geographic coverage, has allowed us to advise our clients through the complex problems that may accompany present business transactions.
National and International Arbitration.
Arbitration, as a form of conflict resolution, has various advantages over Litigation before State Courts, in this the parties agree from the number of arbitrators and the specialization they must have, to other matters such as the deadlines in which documents must be presented, if they can be presented virtually or must be presented in physical form.
These special circumstances of the Arbitration achieve a quick and effective procedure, since the parties are who propose and finally choose the people who will decide on the dispute. Our team of experts has extensive arbitration experience before regulatory institutions such as the International Chamber of Commerce (ICC), the Mexico Arbitration Center (CAM), the National Chamber of Commerce (CANACO), the Arbitration Center for Construction Industry (CIAIC), to name a few.
Our approach is enriched by the extensive commercial arbitration experience of our team of professionals, and their negotiation skills allow the establishment of arbitration awards that facilitate the dispute resolutions and grant our clients the assurance that the process will be meticulously taken care of to achieve the best results possible, all taking into account the dynamism that current business relationships require.
1.1. Arbitration clauses. The consent of the parties to reject the jurisdiction of the State Courts, to submit the resolution of their disputes to an Arbitration Procedure is the cornerstone of this Alternative Dispute Resolution method, that´s why our practice of Arbitration has been consolidated at advise our clients in the drafting of arbitration clauses or agreements to allow them to take advantage of all the benefits of Arbitration in a safe and effective manner.
1.2. Arbitration procedures. For our Arbitration Practice team, international arbitration is not an alternate means of dispute resolution, but rather is the current world way to cross the differences that may arise in commercial relations. In such a way that always looking for the most effective and profitable way to resolve the disputes of our clients, our team has a solid experience in safeguarding the interests of our clients by requesting Precautionary Measures, such as the assurance of assets and bank accounts before Arbitral Courts and their execution before the corresponding jurisdictions, to guarantee the subsequent compliance of the Arbitration Award and avoid further impairment of our clients’ assets. The selection of the place where the arbitration will be carried out, the legislation that will govern the main contract, as well as the selection of the Institution that administers it, become vitally important at the time of the execution of the Arbitration Award, which is why, as a practice, we have dedicated ourselves to the specialization of the rules of execution of both national and non-national awards in the most appealed arbitration jurisdictions in the world, this has allowed us to achieve an extraordinary success rate, which is why our clients feel safe in the realization of their commercial transactions, since they have the certainty of our professional team supporting them.
Risk management, detection of future contingencies and procedural knowledge are key to avoiding disruptive litigation on a large scale. In our Commercial Litigation practice we help our clients implement measures to ensure that, whenever possible, they are not involved in disputes. If a dispute arises, we make sure they are equipped with the resources, experience, and knowledge to reach a quick and successful resolution. Efficiency in Litigation is our priority, we understand the commercial nature of our clients and their needs, commerce is always in constant development, and therefore our focus towards Litigation is always to achieve the highest cost-effectiveness for our clients and the best results.
We are always at the forefront of legal innovation, not only in the use of technological tools that help us to be more efficient in the resolution of disputes, but our team of lawyers is always at the vanguard with constant training and research, these allow us to achieve an impact Litigation that permits our clients to carry out their commercial activities in a safe environment.
We have extensive experience in: Executive Trials, Preparatory Measures to trial, Dispute Resolution on Real Estate and Construction Contracts. Our important trajectory in Corporate Law and Corporate Litigation precedes us; we have helped our clients to resolve strong controversies in family companies, as well as conflicts between shareholders of important national and international corporations. Our commercial litigation practice includes means of capital control and recovery, as well as extensive experience in liquidation and dissolution of companies, and an important knowledge of the bankruptcy procedure.
Mediation and Conciliation.
Our extensive track record in contentious proceedings has allowed us a broad view of current business needs, so we understand that prevention is as important as effective dispute resolution.
That is why we have a highly skilled team of experts in negotiations that supports our clients in the early stages of any conflict to achieve an effective and cost-effective solution that avoids, as far as possible, a contentious procedure, so we not only support our clients in the professional solution of their controversies, but we also guide them towards a resolution of disputes that also allows them to consolidate their commercial relationships and thus maintain their position in the market.
The resolution of disputes through arbitration has become a efficient and specialized alternative in Mexico. One of the critical stages of this process is the
Precautionary Measures in Commercial Matters: Preserving the Continuity of Works through Anticipatory Protection
Precautionary measures in the commercial sphere are a crucial legal tool for safeguarding the interests of parties involved in litigation. These measures not only aim