Correction of the award.
The arbitral tribunal has the power to correct or interpret an award on its own or upon the parties’ request. According to Article 1450 of the Mexican Arbitration Law, either party can, within 30 days of receiving the award, request the tribunal to issue an additional award to correct any errors or interpret specific points in the award. The tribunal can also proactively correct errors within 30 days of the award’s date.
Challenging and Setting Aside Awards
Arbitral awards in Mexico are generally final and binding, and not subject to appeal. However, they can be set aside under certain circumstances. . Article 1457 of the Mexican Arbitration Law outlines the grounds for setting aside an award, which include situations where a party was incapacitated, the arbitration agreement is invalid, a party was not properly notified of the proceedings, the award exceeds the scope of the agreement, the tribunal or procedure was not in accordance with the arbitration clause or Mexican law, the subject matter is not arbitrable under Mexican law, or the award violates public policy.
Recognition and Enforcement of Awards
To obtain recognition and enforcement of an arbitral award in Mexico, the party seeking enforcement must submit the original award or a copy, along with the original arbitration agreement or a copy. If these documents are not in Spanish, an official translation is required. The petition for recognition and enforcement can be filed with the state or federal court of first instance at the respondent’s domicile or where the assets are located. Grounds for refusing recognition and enforcement are similar to those for setting aside an award, including situations where the award is not yet binding, has been set aside or suspended in the country where it was made.
Time Limit for Enforcement
There is no specific time limit for enforcing arbitral awards in Mexico. The general prescription period of 10 years applies.
Enforcement of Foreign Awards
Mexican courts have discretionary powers to decide whether to enforce a foreign arbitral award that has been set aside in the court of the seat of arbitration. Grounds for refusing recognition and enforcement are similar to those for domestic awards, including the situation where the award is not yet binding or has been set aside or suspended in the country where it was made. The party resisting enforcement bears the burden of proving these grounds.
Enforcement of Emergency Arbitrator Orders
Although the Mexican Arbitration Law does not specifically address the enforcement of emergency arbitrator orders, it does regulate the enforcement of interim measures granted by the arbitral tribunal. Such measures are recognized as binding and can be executed upon request before the competent judge. This provision may also be applicable to emergency arbitrator orders.
Costs.
In Mexico, there are no specific costs associated with enforcing arbitral awards. Access to justice is free, and the only costs incurred are those related to the representation of the parties.
