Article 1415.- The
provisions of this Title shall apply to national commercial
arbitration, international and where the place of arbitration is in the
national territory, except as provided in international treaties that
Mexico is a party or other laws that establish a different procedure or
provide that certain disputes are not arbitrable.
The provisions of Articles 1424, 1425, 1461, 1462 and 1463, will apply even if the place of arbitration is outside the country.
Article 1416.- For purposes of this title shall apply:
I. - Arbitration
agreement, the agreement by the parties to submit to arbitration all or
certain disputes which have arisen or may arise between them in respect
of a defined legal relationship, whether contractual or not. The
arbitration agreement may take the form of an arbitration clause in a
contract or form a separate agreement;
II .- Arbitration,
any arbitration of commercial, regardless of whether or not a permanent
arbitral institution to which is carried out;
III .- International arbitration, one in which:
a) The parties at the time of conclusion of the arbitration agreement have their places in different countries, or
b) The
place of arbitration, particularly in the arbitration agreement or
under it, the place of performance of a substantial part of the
obligations of the business relationship or the place with which the
object of the dispute is closer, is located outside the country in which
the parties have their establishment.
For
purposes of this section, if any of the parties have more than one
establishment, the place of business is that you keep a closer
relationship with the arbitration agreement, and if a party has no
place, will be considered habitually resident ;
IV .- Costs,
fees of the arbitral tribunal, the costs of travel and other expenses
incurred by the arbitrators, costs of expert advice or other assistance
required by the arbitral tribunal, travel and other expenses incurred by
witnesses, if they are approved by the arbitral tribunal; cost of legal
representation and assistance of the successful party if such costs
were claimed during the proceedings, and only to the extent that the
arbitral tribunal determines that the amount is reasonable, and fees and
expenses of the institution has appointed the arbitrators;
V. - Tribunal, the arbitrator or arbitrators to decide a dispute.
Article 1417.- Where a provision of this title:
I. - Let
the party the right to decide freely on a matter, that power will
involve authorizing a third party, including an institution, to take the
decision in question, except as provided in Article 1445;
II .- It
concerns an agreement between the parties, shall be included in that
agreement, all provisions of the rules of arbitration agreement, where
appropriate, forward;
III .- It
refers to a lawsuit, it also applies to a counterclaim, and when it
refers to a defense shall also apply to the answer to the counterclaim,
except as provided in Section I of Article 1441 and paragraph a) of
section II of Article 1449. The foregoing is without prejudice to the
decision of the arbitrator jurisdiction to hear the claim and
counterclaim.
Article 1418.- In reporting and calculation of deadlines will be as follows:
I. - Unless otherwise agreed by the parties:
a) Be
considered written communications received have been delivered to the
addressee or has been delivered at his place, habitual residence or
mailing address, in the event that is not obtained after reasonable
inquiry the location of any of these places, deemed received any written
communication sent to the latter establishment, residence or mailing of
the recipient, by registered letter or any other means affording
evidence of attempted delivery;
b) The communication is deemed received on the day on which it is so delivered.
II .- The provisions of this Article shall not apply to communications in court proceedings.
Article 1419.- For
purposes of calculating deadlines established in this title, that
period starts to run from the day following the date of receipt of a
notice, notification, communication or proposal. If the last day of such
period is an official holiday or not working at the place of residence
or place of business of the addressee, the period is extended until the
next working day. Other official holidays or non-business occurring
during the course of time are included in calculating the period.
Article 1420.- If
one part goes to arbitration knowing that it has complied with a
provision of this title which the parties may derogate or any
requirement for arbitration agreements and stating his objection to such
non-compliance without delay justified or if a term is expected to do
so and do so means renounced their right to challenge.
Article 1421.- Except as otherwise provided in the matters governed by this Title shall not require judicial intervention.
Article 1422.- When
judicial intervention is required shall have jurisdiction in the
federal trial judge or the common order of the place where the
arbitration takes place.
When
the place of arbitration is outside the country, meet the recognition
and enforcement of the award the trial judge or of a common federal
jurisdiction, the domicile of the debtor or, failing that, the location
of the property .
CHAPTER II
Arbitration Agreement
Article 1423.- The
arbitration agreement shall be in writing and recorded in a document
signed by the parties or in an exchange of letters, telex, telegram,
facsimile or other means of telecommunication which provide a record of
the agreement, or an exchange of statements of claim and defense in
which the existence of an agreement is alleged by one party and not
denied by another. The reference in a contract to a document containing
an arbitration clause constitutes an arbitration agreement provided that
the contract is in writing and the reference is such that clause part
of the contract.
Article 1424.- The
judge to submit a dispute over a matter that is the subject of an
arbitration agreement, refer the parties to arbitration in the time
requested by any of them, unless they are satisfied that the agreement
is void, inoperative or implementation impossible.
If
you have filed the action referred to above, may nevertheless be
commenced or continue the arbitral proceedings and make an award while
the matter is pending before the judge.
Article 1425.- Even
if there is an arbitration agreement the parties may, prior to the
arbitration proceedings or during, ask the judge to adopt interim
measures of protection.
CHAPTER III
Composition of the Arbitral Tribunal
Article 1426.- The parties may freely determine the number of referees. Failing such agreement, shall be one arbitrator.
Article 1427.- For the appointment of referees will be the following:
I. - Unless otherwise agreed by the parties, the nationality of a person shall not preclude acting as arbitrator.
II .- Notwithstanding
the provisions of Sections IV and V of this Article, the parties may
freely agree on the procedure for appointing arbitrators.
III .- Failing such agreement:
a) In
an arbitration with a sole arbitrator if the parties fail to agree on
the appointment of the arbitrator shall be appointed at the request of
either party, by the judge;
b) In
an arbitration with three arbitrators, each party shall appoint one
arbitrator and the two arbitrators so appointed shall appoint the third,
if a party fails to appoint an arbitrator within thirty days of receipt
of a request from the other party to do so, or if the two arbitrators
fail to agree on the third arbitrator within thirty days from the date
of his appointment, the appointment shall be made at the request of
either party, by the judge;
IV .- When
an appointment procedure agreed upon by the parties, one fails to act
as required under such procedure, or the parties or two arbitrators can
not reach an agreement under that procedure, or a third party, including
an institution not fulfill any function entrusted to it under such
procedure, either party may ask the judge to take the necessary
measures, unless the agreement on the appointment procedure provides
other means for achieving this and
V. - Any
decision on a matter entrusted to the judge in fractions III or IV of
this Article shall be final. In appointing an arbitrator, the judge
shall give due regard to the conditions required of the arbitrator set
forth in the agreement between the parties and take steps to secure the
appointment of an independent and impartial arbitrator. In the case of a
sole or third arbitrator shall take into account also the advisability
of appointing an arbitrator of a nationality other than the parties.
Article 1428.- A
person who communicates with his possible appointment as an arbitrator
shall disclose any circumstances likely to give rise to justifiable
doubts as to his impartiality or independence. The referee from the time
of appointment and throughout the arbitral proceedings without delay
disclose any such circumstances to the parties unless it has already
been made of his knowledge.
An
arbitrator may be challenged only if circumstances exist that give rise
to justifiable doubts as to his impartiality or independence, or if it
possesses the qualities agreed by the parties. A party may challenge an
arbitrator appointed by him or in whose appointment he has participated,
only for reasons of which he has made aware after the appointment.
Article 1429.- The parties may freely agree on the procedure for challenging an arbitrator.
Failing
agreement, the party wishing to challenge an arbitrator shall send the
arbitral tribunal within fifteen days after the date of becoming aware
of its constitution or circumstances giving rise to justifiable doubts
as to the arbitrator's impartiality or independence, or if you do not
have the qualities agreed a letter which sets the grounds for
disqualification. Unless the challenged arbitrator withdraws from his
office or the other party accepts the challenge, the arbitral tribunal
shall decide on it.
If
not successful the challenge filed in the preceding paragraph, the
challenging party may request the judge within thirty days of
notification of the decision rejecting the challenge, ruling on its
provenance, a decision will be final. While that request is pending, the
arbitral tribunal, including the challenged arbitrator, may continue
the arbitral proceedings and make an award.
Article 1430.- When
an arbitrator is prevented in fact or by law to exercise his functions
or for other reasons not exercised within a reasonable time, cease to
hold office if you resign or if the parties agree on the termination. If
there is disagreement, either party may ask the judge terminates the
order, decision is final.
Article 1431.- If
an arbitrator ceases to hold office under the provisions of Articles
1429 or 1430, resignation, removal by agreement of the parties or
termination of your order for any other cause, shall appoint a
replacement following the same procedure by was appointed an arbitrator
to be replaced.
CHAPTER IV
Jurisdiction of Arbitral Tribunal
Article 1432.- The
arbitral tribunal may rule on its own jurisdiction, including any
objections concerning the existence or validity of the arbitration
agreement. To this end, the clause which forms part of a contract is
considered as an agreement independent of the other terms of the
contract. The decision of an arbitral tribunal declaring void a
contract, not by that fact alone will entail the nullity of the
arbitration clause.
The
plea that the arbitral tribunal shall be raised not later than the time
of the response. The party is not precluded from raising such plea by
the fact that he has appointed an arbitrator or participated in the
appointment. A plea that the arbitral tribunal has exceeded its mandate,
shall be raised as soon as they arise during the arbitral proceedings
the matter alleged to be beyond its mandate. The arbitral tribunal may,
in any case, admit an exception if it considers presented after the
delay justified.
The
arbitral tribunal may rule on a plea referred to in the above course or
award on the merits. If prior to rule upon the merits, the tribunal has
jurisdiction, any party within thirty days after the date on which this
decision is notified, request the judge ultimately resolved, resolution
will be final. Pending such application, the arbitral tribunal may
continue the proceedings and make an award.
Article 1433.- Unless
otherwise agreed by the parties, the arbitral tribunal may, at the
request of one of them, order the adoption of the precautionary measures
necessary in respect of disputed. The arbitral tribunal may require any
party to provide sufficient in relation to these measures.
CHAPTER V
Conduct of Arbitral Proceedings
Article 1434.- The parties should be treated equally and given to each one full opportunity to assert their rights.
Article 1435.- Subject
to the provisions of this title, the parties are free to agree the
procedure is to adjust the arbitral tribunal in proceedings.
Failing
agreement, the arbitral tribunal may, subject to the provisions of this
title, conduct the arbitration as it considers appropriate. The power
conferred upon the arbitral tribunal includes the power to determine the
admissibility, relevance and value of the evidence.
Article 1436.- The
parties may freely determine the place of arbitration. In case of no
agreement, the court shall determine the place of arbitration in the
circumstances of the case, including the convenience of the parties.
Notwithstanding
the preceding paragraph, the arbitral tribunal may, unless otherwise
agreed by the parties, meet at any place it considers appropriate for
consultation among its members, hear the parties, witnesses or experts,
or for inspection of goods, other property or documents.
Article 1437.- Unless
the parties otherwise agreed, the arbitration proceedings with respect
to a particular dispute commence on the date the defendant has received
the request for that dispute to arbitration.
Article 1438.- The
parties may freely agree on the language or languages to be used in
the arbitral proceedings. Failing such agreement, the court shall
determine the language to be used in the proceedings. This agreement or
determination shall apply, unless otherwise agreed, all submissions of
the parties, any hearing and any award, decision or other communication
issued by the arbitral tribunal.
The
arbitral tribunal may order that any documentary evidence shall be
accompanied by a translation into one of the languages agreed upon by
the parties or determined by the arbitral tribunal.
Article 1439.- Within
the period agreed by the parties or determined by the arbitral
tribunal, the actor must state the facts underlying the claim, the
points at issue and claiming benefits, and the defendant must cover all
points raised in the complaint, unless the parties have agreed otherwise
with respect to elements that demand and the answer must necessarily
contain. The parties submit with their claims, consider all relevant
documents that have or will refer to documents or other evidence they
will submit.
Unless
otherwise agreed by the parties, they may amend or supplement his claim
or defense unless the arbitral tribunal considers it inappropriate to
the alteration in question because of the delay has been made.
Article 1440.- Unless
otherwise agreed by the parties, the arbitral tribunal shall decide
whether to hold hearings for the presentation of evidence or oral
arguments or whether the proceedings shall be conducted on the basis of
documents and other evidence. If the parties had not agreed to not hold
hearings, the arbitral tribunal shall hold such hearings at an
appropriate stage of the proceedings at the request of a party.
The
parties must be notified well in advance of holding hearings and
meetings of the arbitral tribunal to examine goods, other property or
documents.
All
statements, supporting documents, surveys or other information provide a
party to the arbitral tribunal shall be given to the other party.
Article 1441.- Unless otherwise agreed by the parties, if, without showing cause:
I. - The
actor does not present his claim under the first paragraph of Article
1439, the arbitral tribunal shall terminate the proceedings.
II .- The
respondent does not submit his defense in accordance with the
provisions of the first paragraph of Article 1439, the arbitral tribunal
shall continue the proceedings without treating such failure in itself
is deemed as acceptance of what is alleged by the plaintiff, and
III .- A
party fails to appear at a hearing or to produce documentary evidence,
the arbitral tribunal may continue the proceedings and make the award on
the evidence before it.
Article 1442.- Unless
otherwise agreed by the parties, the arbitral tribunal may appoint one
or more experts to report on specific issues and ask any party to give
the expert any relevant information or submit for inspection or to
provide access to all documents, goods or other property involved.
Article 1443.- Unless
otherwise agreed by the parties, if a party so requests or the arbitral
tribunal considers it necessary, the expert, after delivery of his
written or oral, to participate in a hearing where the parties have the
opportunity to ask questions and present expert witnesses to testify on
the points at issue.
Article 1444.- The
arbitral tribunal or any party with the approval of the Council may
request the assistance of the judge for the presentation of evidence.
CHAPTER VI
Making of Award and Termination of Proceedings
Article 1445.- The
arbitral tribunal shall decide the dispute in accordance with the rules
of law chosen by the parties. It is understood that any designation of
the law or legal system of a country is concerned, unless otherwise
stated, the substantive law of that country and not to its conflict of
law rules.
If
the parties fails to designate the law that should govern the substance
of a dispute, the arbitral tribunal, taking into account the
characteristics and connections of the case will determine the
applicable law.
The arbitral tribunal shall decide as amiable compositeur or conscience, only if the parties have expressly authorized to do so.
In
all cases, the arbitral tribunal in accordance with the provisions of
the agreement and take into account the usages of trade applicable to
the case.
Article 1446.- In
the arbitration proceedings in which there is more than one arbitrator,
any decision of the arbitral tribunal shall, unless otherwise agreed by
the parties, by majority vote. However, the presiding arbitrator may
decide questions of procedure, if so authorized by the parties or all
members of the tribunal.
Article 1447.- If,
during arbitral proceedings, the parties reach a settlement of the
dispute, the arbitral tribunal shall terminate the proceedings and, if
requested by both parties and the arbitral tribunal does not, record the
settlement in the form of an arbitral award the terms agreed by the
parties.
This award shall be in accordance with Article 1448.
This award will have the same status and effect as any other issued on the merits.
Article 1448.- The
award shall be in writing and signed by the arbitrator. In arbitral
proceedings with more than one arbitrator, the signatures of the
majority of the members of the tribunal, provided that a record of the
reasons for the lack of one or more signatures.
The
award of the arbitral tribunal must be reasoned, unless the parties
have agreed otherwise or the case of an award rendered in the terms
agreed by the parties pursuant to Article 1447.
The
award shall state the date it was issued and the place of arbitration
as determined in accordance with the first paragraph of Article 1436.
The award shall be deemed to be made there.
After
the award is made, the arbitral tribunal shall notify each party by
receiving a copy signed by the arbitrators in accordance with paragraph
of this article.
Article 1449.- The arbitral tribunal's proceedings end by:
I. - Final Award, and
II .- Order of the arbitral tribunal when:
a) The
actor withdraws his claim, unless the respondent objects thereto and
the arbitral tribunal recognizes the legitimate interest in obtaining a
final settlement of litigation;
b) The parties agree to terminate the proceedings, and
c) The arbitral tribunal finds that continuation of the proceedings would be unnecessary or impossible.
The
arbitral tribunal shall cease to be the termination of the arbitration
proceedings, except as provided in Articles 1450, 1451 and 1459.
Article 1450.- Within
thirty days after notification of award, unless the parties have agreed
to another term, either party may, with notice to the other, request
the arbitral tribunal:
I. - Correct in the award any errors in computation, copy, typographical or similar nature.
The arbitral tribunal may correct any errors listed on their own initiative within thirty days from the date of the award;
II .- If
so agreed by the parties, give an interpretation of a specific point or
part of an award. If the arbitral tribunal considers it necessary, make
the correction or give the interpretation within thirty days of receipt
of the request. Such interpretation shall form part of the award.
Article 1451.- Unless
otherwise agreed by the parties, within thirty days after receipt of
the award, either party, with notice to the other party may request the
arbitral tribunal to make an additional award as to claims presented in
the arbitral proceedings but omitted from the award. If the arbitral
tribunal considers it necessary, make the additional award within sixty
days.
The
arbitral tribunal may extend, if necessary, the deadline for making a
correction, give an interpretation or an additional award under the
provisions of the preceding paragraph or in Article 1450.
In the correction or interpretation of award or additional award shall apply to Article 1448.
CHAPTER VII
From the Coast
Article 1452.- The
parties are entitled to take, either directly or by reference to
arbitration rules, rules concerning the costs of arbitration. Failing
agreement between the parties, the provisions of this chapter.
Article 1453.- The arbitral tribunal shall fix the costs of arbitration award.
Article 1454.- The
fees of the arbitral tribunal shall be reasonable in amount, taking
into account the amount in dispute, the complexity of the subject, the
time spent by the arbitrators and any other relevant circumstances.
The fees of each arbitrator shall be shown separately and fixed by the arbitral tribunal itself.
When
a party so requests and the judge consents to perform this function,
the arbitral tribunal shall fix its fees only after consultation with
the judge, which may make the arbitral tribunal considers appropriate
comments concerning the fees.
Article 1455.- Except
as provided in the following paragraph, the costs of arbitration shall
be borne by the losing party. However, the arbitral tribunal may
apportion such costs between the parties if it determines that
apportionment is reasonable, considering the circumstances.
As
for the cost of legal representation and assistance, the arbitral
tribunal, taking into account the circumstances of the case, which party
shall pay such costs or may apportion between the parties if it
determines that it is reasonable.
When
the arbitral tribunal issues an order terminating the arbitration or an
award on agreed terms, it shall fix the costs of arbitration in the
text of that order or award.
The arbitral tribunal may not charge additional fees for interpretation, correction or completion of its award.
Article 1456.- Once
constituted, the tribunal may require each party to deposit an equal
amount as advance payment of fees of the arbitral tribunal, travel and
other expenses of the arbitrators, and the cost of counseling or any
paricial other assistance required by the arbitral tribunal.
During the proceedings, the arbitral tribunal may request supplementary deposits from the parties.
When
a party so requests and the judge consents to perform the function, the
court shall fix the amounts of any deposits or supplementary deposits
only after consultation with the judge, the arbitral tribunal may make
any observations it deems appropriate concerning the amount of such
deposits and supplementary deposits.
If
within thirty days after the receipt of the request of the arbitral
tribunal required deposits are not paid in full, the arbitral tribunal
shall so inform the parties so that each make the required payment. If
this is not made, the arbitral tribunal may order the suspension or
termination of the arbitration.
Once
the award is made, the arbitral tribunal shall give the parties a
statement of the deposits received and return any unused balance.
CHAPTER VIII
Invalidation of the Award
Article 1457.- Arbitration awards can only be annulled by the judge when.
I. - The party tries to prove that the action:
a) One
of the parties to the arbitration agreement was under some incapacity
or the said agreement is not valid under the law to which the parties
have subjected it or, if nothing had been mentioned in this regard under
Mexican law ;
b) Was
not properly notified of the appointment of an arbitrator or the
arbitral proceedings or was prevented for any other reason, to assert
their rights;
c) The
award deals with a dispute not contemplated by the arbitration
agreement or contains decisions on matters beyond the terms of the
arbitration agreement. However, if the provisions of the award relating
to the matters submitted to arbitration can be separated from those not,
can only be set aside; or
d) The
composition of the arbitral tribunal or the arbitral procedure was not
adjusted in the agreement between the parties, unless such agreement was
in conflict with a provision of this title which the parties can not
derogate, or, failing such agreement, did not conform to this Title, or
II .- The
court finds that under Mexican law, the subject of the dispute is not
arbitrable or that the award is contrary to public policy.
Article 1458.- The
petition for annulment must be made within three months from the date
of notification of award or if the request was made pursuant to Articles
1450 and 1451 from the date on which that request has been resolved by
the arbitral tribunal.
Article 1459.- The
judge, when asked to set aside an award, may suspend the proceedings
for revocation, as appropriate and requested by a party, for a period
determined to give the tribunal the opportunity to resume the arbitral
proceedings or take any other action deemed by the arbitral tribunal
remove the grounds for the annulment request.
Section 1460 .- Is repealed.
CHAPTER IX
Recognition and Enforcement of Awards
Article 1461.- An
arbitral award, irrespective of the country in which it was issued, be
recognized as binding and, after submitting a written request to the
judge, will be implemented in accordance with the provisions of this
chapter.
The
party seeking an award or applying for its enforcement shall supply the
duly authenticated original award or a certified copy thereof, and the
original arbitration agreement referred to in articles 1416 and 1423
Section I or certified copy thereof. If the award or agreement is not
written in Spanish, the party invoking it must provide a translation
into the language of these documents made by an official expert.
Article 1462.- May be refused recognition or enforcement of an arbitral award, irrespective of the country in which it was given when:
I. - The party against whom invoke the award proves to the judge in the country calling for recognition or enforcement in that:
a) One
of the parties to the arbitration agreement was under some incapacity
or the said agreement is not valid under the law to which the parties
have subjected it or, if nothing has been started in this respect under
the law the country that made the award;
b) Was
not properly notified of the appointment of an arbitrator or the
arbitral proceedings or was prevented for any other reason, to assert
their rights;
c) The
award deals with a dispute not contemplated by the arbitration
agreement or contains decisions on matters beyond the terms of the
arbitration agreement. However, without the provisions of the award
relating to the matters submitted to arbitration can be separated from
those not, may be recognized and enforced first;
d) The
composition of the arbitral tribunal or the arbitral procedure was not
adjusted with the agreement of the parties or, failing such agreement,
which did not conform to the law of the country where the arbitration
took place, or
e) The
award has not yet binding on the parties or has been revoked or
suspended by the judge in the country in which, or under the law of, any
award was made, or
II .- The
judge found that, under Mexican law, the subject of the dispute is not
arbitrable or that the recognition or enforcement of the award is
contrary to public policy.
Section 1463 .-
If asked a judge in the country in which, or under its law, was given
the award, invalid or suspended, the judge who is seeking recognition or
enforcement of an award may, if it deems it proper, adjourn its
decision and instance of the party claiming recognition or enforcement
of the award may also order the other party to provide sufficient
guarantees.
CHAPTER X
Judicial Intervention in the Transaction and Commercial Arbitration
Section 1464 .- When a party applies for referral to arbitration under Article 1424, the following shall apply:
I. The request must be made in the first statement on the substance of the matter by the claimant.
II. The judge, after hearing the other parties will resolve immediately.
III. If the judge orders refer to arbitration, shall also order suspend the procedure.
IV. Once the matter is finally resolved in arbitration at the request of either party, the judge terminates the trial.
V.
If we solve the invalidity of the arbitration agreement, the
incompetency of the Arbitral Tribunal or otherwise does not end the
matter, in whole or in part in the arbitration at the request of either
party, and after hearing all concerned , lifting the suspension referred
to in section III of this article.
VI. Against the decision to decide on referral to arbitration will not proceed to appeal.
Section 1465 .-
In the cases referred to in the preceding article, the suspension of
proceedings and referral to arbitration shall be made immediately.
Denial of referral to arbitration:
a)
If the sufficiency of the hearing given to the request for referral to
arbitration shall be demonstrated through a final decision, be it a
sentence or arbitral award, which declared the nullity of the
arbitration agreement, or
b)
If invalid, ineffective or unenforceable arbitration agreement are
apparent from the outlet of the hearing given to the request for
referral to arbitration. In making this determination the judge should
observe a stringent criterion.
Section 1466 .-
Shall be handled through voluntary jurisdiction under Articles 530 to
532 and 534 to 537 of the Federal Code of Civil Procedure:
I. The request for appointment of arbitrators or the measures provided for in sections III and IV of Article 1427 of the Code.
II. The request for assistance for the presentation of evidence under Article 1444 of the Code.
III. The consultation on the fees of the Arbitral Tribunal under Article 1454 of the Code.
Section 1467 .-
Except in the circumstances is inconvenient, to appoint arbitrator or
adopt measures referred to in the preceding article, the following shall
apply:
I. The judge must first hear the parties, for which may, if deemed appropriate, cite a meeting to voice their opinions.
II.
The judge must first consult with one or more arbitration institutions,
chambers of commerce or industry designated at their discretion.
III.
Unless otherwise agreed by the parties or the judge discretion to
determine that the use of the list is not appropriate for the case, the
judge noted that:
a) Sent to all parties an identical list of at least three names;
b)
Within 10 days of receipt of this list, each party may return to the
judge, after having deleted the name or names to which he objects and
numbered the remaining names on the list in order of preference. If a
party does not comment, means that she agrees the list submitted by the
judge;
c)
After the deadline, the judge shall appoint the arbitrator from among
the names approved on the lists returned in accordance with the order of
preference indicated by the parties and
d)
If for any reason the appointment can not be made under the list
system, the judge may exercise its discretion to appoint the arbitrator.
IV.
Before the appointment, the judge will ask the arbitrator or
arbitrators, to make declarations under the arbitration agreement and
Article 1428.
Section 1468 .-
Judge's ruling shall not appeal, except the right of parties to
challenge an arbitrator under the terms of the arbitration agreement or,
failing that, the provisions of Article 1429.
Section 1469 .-
Except in the circumstances is inconvenient, assistance in the
presentation of evidence will be given after hearing all the parties to
arbitration.
Section 1470 .- Be processed in accordance with the procedure laid down in Articles 1472 to 1476:
I. The decision on disqualification of an arbitrator referred to the third paragraph of Article 1429.
II.
The decision on the competence of the Arbitral Tribunal, when
determining a resolution that is not an award on the merits, as provided
in the third paragraph of Article 1432.
III. The adoption of interim measures of protection referred to in Article 1425.
IV. The recognition and enforcement of measures ordered by an Arbitral Tribunal.
V. The invalidity of commercial transactions and arbitration awards.
Section 1471 .-
For the recognition and enforcement of awards referred to in Articles
1461-1463 of this Code does not require approval. Except when applying
for recognition and enforcement as a defense in a lawsuit or other
proceeding, the recognition and enforcement in the trial will be
promoted particularly to Articles 1472 to 1476.
Section 1472 .-
The special trial on commercial transactions and arbitration referred
to in articles 1470 and 1471, will be processed according to the
following articles.
Section 1473 .- Accepting the claim, the judge ordered the defendants to deploy, giving them a period of fifteen days to respond.
Section 1474 .-
Once the term to answer the complaint, without proof of default, if the
parties nor the judge promovieren the tests deemed necessary, will be
referred to within the three days following the hearing of allegations,
which verify attend or parties.
Section 1475 .- If promoviere test or the judge deems necessary prior to the holding of the hearing, evidence will open a delay of ten days.
Section 1476 .-
Held the hearing the judge shall summon the parties to hear sentence.
The intermediate resolutions issued in this particular trial and
sentencing to resolve it shall not be actionable.
Section 1477 .-
The special courts that deal with invalidity or awards recognition and
enforcement of trade may be cumulative. Accumulation to proceed, you
must not concluded hearing arguments. The build will be for the judge
who prevented. The accumulation is not appropriate for processes that
are aired in different territorial jurisdictions or abroad, or between
federal courts and states. Accumulation is processed in accordance with
Articles 73 to 75 of the Federal Code of Civil Procedure. The resolution
ruling on the accumulation is to appeal.
Section 1478 .- The judge shall have full discretion in the adoption of interim measures of protection referred to in Article 1425.
Section 1479 .-
An interim measure ordered by an Arbitral Tribunal shall be recognized
as binding and, unless the Arbitral Tribunal decides otherwise, will be
executed at such execution be requested before the judge, whatever the
state in which it was issued, and subject to Article 1480.
The
party seeking or has obtained the recognition or enforcement of an
injunction shall forthwith inform the judge of any termination,
suspension or order modification of the measure.
The
judge before whom it is seeking recognition or enforcement of an
injunction may, if appropriate, require the applicant to provide
appropriate security, if the Arbitral Tribunal has not yet ruled on such
security or the guarantee necessary to protect the rights of others.
Section 1480 .- May be refused recognition or enforcement of an injunction only:
I. If, by acting at the request of the party affected by the measure, the judge is satisfied that:
a) Such refusal is warranted on the grounds set forth in paragraphs a), b), c) or d) of Section I of Article 1462, or
b)
No decision has been met by the Arbitral Tribunal on the provision of
security that corresponds to the relief granted by the Arbitral
Tribunal, or
c)
The interim measure has been revoked or suspended by the Arbitral
Tribunal or, if so empowered by a state court where the arbitration
processed or under the law of this measure was granted, or
II. If the judge finds that:
a)
The interim measure is incompatible with the powers conferred upon him,
unless the judge decides to reformulate the measure to fit their own
powers and procedures for purposes of enforcing without changing the
content, or that
b) Some of the grounds set forth in Section II of Article 1462 is applicable to the recognition or enforcement of the injunction.
Any
determination reached by the judge on any ground set out in Section I
of this Article shall apply solely for purposes of the application for
recognition and enforcement of the injunction. The judge who is seeking
recognition or enforcement may not be undertaken in the exercise of that
task, a review of the contents of the injunction.
In
an interim measure which is responsible for the calls and the Arbitral
Tribunal which issues therefore are responsible for the damages caused.
Article 1481.- (Repealed).
Article 1482.- (Repealed).
Article 1483.- (Repealed).
Article 1484.- (Repealed).
Article 1485.- (Repealed).
Article 1486.- (Repealed).
Article 1487.- (Repealed).
Article 1488.- (Repealed).
Article 1489.- (Repealed).
Article 1490.- (Repealed).
Article 1491.- (Repealed).
Article 1492.- (Repealed).
Article 1493.- (Repealed).
Article 1494.- (Repealed).
Article 1495.- (Repealed).
Article 1496.- (Repealed).
Article 1497.- (Repealed).
Article 1498.- (Repealed).
Article 1499.- (Repealed).
Article 1500.- (Repealed).
TRANSIENT
First Article.- This Code shall take effect on 1st. January 1890.
Article Two.- The
conduct of business pending shall be subject to this Code in the state
that it is the said day, but if the terms are brought back to a judicial
act to be smaller than those already so granted, shall be complied with
provisions of the legislation above.
Third Article.- The
resources that are already legally filed shall be admitted but do not
qualify under this Code, but substances subject to the rules he sets for
his class, or failing to set forth in the Commercial Code of 20 April
1884.
Article Four.- Repealed the Commercial Code of April 20, 1884 and pre-existing trade laws relating to the matters addressed in this Code.
Therefore, control print, publish, circulate and give the proper compliance.
Palace of Government in Mexico, September 15, 1889 .- Porfirio Diaz.- In C. Lic Joaquín BarandaSecretary of State and the Office of Justice and Public Instruction.
And I communicate to you. for appropriate action.
Liberty and Constitution. Mexico, September 15, 1889 .- J. Railing.
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