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COMMISA V. PEMEX: SECOND CIRCUIT CONFIRMS COMMISA'S AWARD

We have already reported the infamous Commisa Case, that has now an apparent final ending.  The U.S. Court of Appeals for the Second Circuit issued a long-awaited ruling in which it concludes:
Applying this standard, we conclude that the Southern District did not abuse its discretion in confirming the arbitral award notwithstanding invalidation of the award in the Mexican courts. The high hurdle of the public policy exception is surmounted here by four powerful considerations: (1) the vindication of contractual undertakings and the waiver of sovereign immunity; (2) the repugnancy of retroactive legislation that disrupts contractual expectations; (3) the need to ensure legal claims find a forum; and (4) the prohibition against government expropriation without compensation. 
It is to stress out that the Circuit judges in no moment wanted nor to review the legal reasoning of the Mexican Courts, neither to put their decisions in doubt. The Court only focuses on the result of those decisions…
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How Case Law Made Mexico a True International Arbitration Place

with Leonel Pereznieto Castro


Much has already been published about Mexican Law on International Arbitration. However, in the last years important judicial decisions have been rendered that clarify the practical application of the legislative dispositions issued without any major modification from the 1993 adoption of the UNCITRAL Model Law on Arbitration. Thus, the contemporary history of arbitration in Mexico can be characterized by a 3 stage movement: from a hostile anti-arbitration period to a pro-arbitration period, that today has achieved a consolidated stage. 2007 has been the year of consecration resolving fundamental questions like the constitutionality of arbitration, the autonomy of the arbitration agreement, and so on. 2008 gave federal courts the opportunity to eliminate procedural obstacles in order to give full efficiency to arbitration. Even if the judicial proceeding is not the same as in France for instance, there is no doubt that Mexico has the same “in favor” approa…