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Practice areas · 07 of 10

Arbitration

Resolving disputes with technical skill and strategy, outside the courts

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The Arbitration practice of R&A Asociados handles the prevention, management, and resolution of disputes through alternatives to court litigation. We advise and represent Mexican and foreign clients in highly complex arbitral proceedings, both institutional and ad hoc, with a technical strategy tailored to each case and aimed at protecting their interests efficiently.

Our work ranges from drafting arbitration clauses and designing dispute resolution policies to representation before institutions such as CANACO (Mexico City National Chamber of Commerce), CAM (Mexico Arbitration Center), the ICC, the LCIA, or ICSID, as well as advice on the enforcement or setting aside of awards before Mexican courts. We also assist parties in mediation and conciliation when a negotiated solution is more suitable than contentious proceedings. From Playa del Carmen, we handle matters in the Riviera Maya and cross-border disputes.

Services

What we do in this practice area.

01

Domestic arbitration

Comprehensive representation in arbitral proceedings in Mexico, from the arbitration clause to the enforcement of the award.

  • Representation in domestic arbitral proceedings before institutions such as CANACO, the BMA (Mexican Bar Association), and CAM
  • Drafting and negotiation of arbitration clauses and arbitration agreements
  • Advice on court proceedings to enforce or set aside arbitral awards
  • Interim measures before or during the arbitration
  • Coordination with expert witnesses, fact witnesses, and technical specialists for the technical defense of the case
02

International arbitration

Defense in cross-border disputes under international arbitration rules, and enforcement of foreign awards in Mexico.

  • Representation in cross-border disputes governed by ICC, UNCITRAL, LCIA, or ICSID rules
  • Recognition and enforcement of international awards in Mexico under the 1958 New York Convention
  • Coordination of the defense with foreign co-counsel in multi-jurisdictional arbitrations
  • Advice on the choice of seat, language, arbitrators, and applicable rules
03

Ad hoc and institutional arbitration

Design and coordination of the proceedings, whether tailored to the parties or under institutional rules.

  • Design of ad hoc proceedings according to the needs of the case and the will of the parties
  • Advice on the appointment of arbitrators, the constitution of the tribunal, and the drafting of the terms of reference
  • Coordination of institutional proceedings under domestic or international rules
  • Management of deadlines, written submissions, and procedural steps under the applicable rules
04

Mediation and conciliation

Support in negotiated, out-of-court solutions, before or instead of litigation or arbitration.

  • Advice and representation in private and public mediation proceedings before authorized centers
  • Drafting of mediated settlement agreements and follow-up on their performance
  • Participation in conciliation processes prior to litigation or arbitration
  • Training for companies and in-house legal teams in negotiation and alternative dispute resolution (ADR)
05

Prevention and strategy

Contractual and corporate tools to reduce the risk of disputes and plan ahead for their resolution.

  • Development of preventive contractual strategies to avoid future disputes
  • Audit of arbitration clauses in domestic and international contracts
  • Design of corporate dispute resolution policies
  • Legal opinions on arbitration and compliance with awards in Mexico

Services are provided in accordance with applicable law and the analysis of each case.

Who it is for

Who we serve in this practice area.

  • Mexican and foreign companies whose contracts include arbitration clauses, or that wish to include them
  • International investors and groups with cross-border or multi-jurisdictional disputes
  • Parties that need to enforce or challenge an arbitral award in Mexico
  • Companies seeking to resolve a commercial dispute through mediation or conciliation before going to court
  • In-house legal teams that need dispute resolution policies or ADR training

If your situation is not listed here, or the contact form can tell you which practice area applies.

Frequently asked questions

Common questions about this practice area.

What is the difference between arbitration and a court proceeding?

Arbitration is an alternative to court litigation in which the parties, through an arbitration clause or arbitration agreement, submit their dispute to one or more arbitrators. It usually offers greater specialization, confidentiality, and procedural flexibility, and concludes with an award that can be enforced through the courts. If you would like to know whether it suits your case, we invite you to schedule a consultation with the firm.

Can an arbitral award issued abroad be enforced in Mexico?

Mexico is a party to the 1958 New York Convention, which allows foreign arbitral awards to be recognized and enforced by Mexican courts, subject to the requirements and grounds for refusal set out in the Convention. The procedure requires a technical review of the award and of the underlying documentation. We would be pleased to review your case in an initial consultation.

What is mediation, and when should it be considered?

Mediation is a voluntary procedure in which an impartial third party helps the parties reach an agreement, which is formalized in a mediated settlement agreement with follow-up on its performance. It is usually considered before initiating litigation or arbitration, when there is an interest in preserving the business relationship and reducing time and costs. If you are facing a dispute, we invite you to schedule a consultation to assess this option.

These answers are for guidance only; each case requires individual analysis.

Publications

Publications in this practice area.

See the publication on the blog →
  • Practical GuideArbitration

    Arbitration clause: five decisions to make before signing

    What to decide when drafting the arbitration clause of a commercial contract: institution and rules, seat, language and governing law, arbitrators, and scope, under the Commercial Code.

    Article key: Arbitration clause. Commercial Code · Arts. 1415–1480.

    6 min read

Consult with us on Arbitration matters.

Tell us about your situation and we will explain the next steps. We are available Monday through Saturday, 9:00 a.m. to 6:00 p.m., in Spanish, English, and French.

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