Businesses that face commercial disputes in the courts of law in Mexico need to solicit legal support from our litigation attorneys in Mexico. Our team of advisors has a wide experience in cases like commercial or tax litigations and can represent companies in Mexico from a legal point of view. Also, you can benefit from the legal services we can provide when opening a business in Mexico.
Who arbitrates the commercial disputes in Mexico?
The federal and the local courts in Mexico are in charge of the commercial disputes, whether the company is local, or it is registered with foreign capital. It is good to know that the civil law stands at the base of the legal system in Mexico. Also, in the civil and commercial disputes in Mexico, the parties involved need to present complete evidence of the cases.
The court structure in Mexico
The federal and the local courts are in charge of civil and commercial litigations in Mexico. According to the Federal Law in Mexico, the private disputes like commercial contracts are dealt with by the local courts. As for the companies with legal issues, such problems are in the attention of the federal courts like district courts, collegiate circuit courts, unitary courts and the Supreme Court of Justice.
The district courts in Mexico
The commercial disputes in Mexico are dealt in the district courts. Legal support can be provided for business persons facing legal issues involving their firms and activities in this country. Additionally, the district courts can manage the bankruptcy and the insolvency cases of companies in Mexico, alongside with that type of civil cases that present a federal element. Furthermore, being a Mexican citizen provides you with unrestricted access to employment, education, and social services across the country. Mexico has a huge variety of options for both visitors and residents. On the other hand, obtaining Mexican citizenship is a difficult task. Due to pressure from both countries to give up citizenship in the other, obtaining dual citizenship in the United States and Mexico may be significantly more difficult.
What are the main steps of a commercial dispute in Mexico?
Before any claim is presented in the court of law, a pre-trial motion is accepted, meaning that parties involved can make a summary, organize and request the evidence, like:
- • assets and documents of the opposite party or company involved in a trial;
- • a judicial examination of goods, persons or assets can be solicited for protecting a specific right;
- • witnesses with a specific age (mostly elders) can make an early statement;
- • an agreement signed with the public notary is necessary before the claim is presented.
Once the claim is accepted by the court of law, the accused needs to respond within 15 days with evidence and different documents in this sense. Offering and presenting the evidence are the next steps in the commercial dispute dealt by the authorities in charge. A judge will then issue the verdict through summary oral proceedings as it is a flexible measure compared to a procedural outlook.
We invite you to contact our litigation attorneys in Mexico and ask for complete information about the courts of law in Mexico and about how company litigation takes place. If you need other legal services in Mexico, for example immigration support when moving to Mexico from US, our team of lawyers can help you. Furthermore, if you are under the age of 18, and your parent is a permanent resident, you can apply for permanent residency at the INM through them. You can get it as a parent if you have a child who is a permanent resident. You are welcome to consult with our lawyers about the requirements. They can also help you practically apply for a residency permit in Mexico.