The Mexican Arbitration Center (CAM) was created in 1997 to provide companies an alternative for resolving their disputes, establishing itself as an arbitration administrator. Thus, within the framework of its 25th anniversary, the CAM has published the most recent amendment to its arbitration rules.
For approximately thirteen years, the CAM hadn’t carried out a restructuring of this level to its arbitration rules. The previous rules entered into force in 2009 and, since then, have been the ones being used in the processes administered by the institution.
The new arbitration rules entered into force on December 1, 2022, and some of its most relevant modifications are the following:
- Simplified procedures are now contemplated for the parties to agree and access the solving of their dispute regardless of the amount in dispute and for arbitrations involving amounts less than three million Mexican pesos. This procedure provides for shorter terms, the appointment of a single arbitrator, and the possibility of the parties not holding the arbitration hearing.
- The use of information and communication technologies in arbitration is regulated. Communications may always be by electronic means from the beginning and throughout the arbitration process, and hearings may be held remotely, face-to-face, or in a hybrid scheme.
- There is an express obligation of the parties to disclose whether they have financing from third parties, mentioning the identity of their financier.
- The effectiveness of precautionary measures is strengthened by establishing the power of the Arbitral Tribunal to order that things be kept in the state in which they are while it resolves the precautionary measures requested by the parties.
- The arbitrators are granted the power to designate secretaries of the Arbitral Tribunal in accordance with the guidelines issued by the CAM and the new arbitration rules.
- The arbitrators are required to exhaustively verify their independence and impartiality, as well as their availability to perform their assignment upon accepting their appointment.
- Express provisions are established regarding the incorporation of additional parties to the arbitration.