International law attorneys in Mexico

Private international law determines which law applies, which court has jurisdiction, and how legal effects are recognized among different countries when a relationship has foreign elements. In Mexico it is governed by the Federal Civil Code, the Federal Code of Civil Procedure, the Commercial Code and, predominantly, by the international treaties that under Article 133 of the Constitution are supreme law of the Union. Mexico is party to key conventions such as the Inter-American ones (CIDIP), the Hague Apostille Convention, and the New York Convention on the recognition of arbitral awards.

A central field is international contracting: sales, distribution, franchises, licenses, and the provision of services between parties from different countries, where it is essential to agree on the applicable law, jurisdiction or arbitration, and currency. In the trade of goods, the Vienna Convention on the International Sale of Goods (CISG) and the Incoterms usually apply. Careful drafting of these clauses prevents costly litigation and defines where and how any dispute will be resolved.

International judicial cooperation allows acts of one country to take effect in another through letters rogatory, notifications, and the taking of evidence abroad, as well as the recognition of foreign judgments and awards (exequatur) before a Mexican judge, who verifies reciprocity, due process, and that public order is not contravened. For foreign public documents to be used in Mexico they must be apostilled, or legalized through consular channels if the country is not party to the Hague Convention, and translated by an expert.

International commercial arbitration, regulated in the fourth title of the Commercial Code under the UNCITRAL Model Law, is the preferred route for large contracts, with awards enforceable in more than 170 countries thanks to the New York Convention. The international lawyer advises on the negotiation, chooses the seat and the rules (ICC, CANACO, ICDR), and conducts the enforcement or the annulment of the award.

Governing laws international law

• Constitución Política (artículo 133) y tratados internacionales
• Código Civil Federal (normas conflictuales)
• Código Federal de Procedimientos Civiles
• Código de Comercio (arbitraje comercial, títulos cuarto)
• Convención de La Haya sobre Apostilla
• Convención de Nueva York sobre reconocimiento y ejecución de laudos arbitrales
• Convención de Viena sobre Compraventa Internacional de Mercaderías (CISG)
• Convenciones Interamericanas (CIDIP) sobre exhortos y ejecución de sentencias

Process and timelines

In an international contract, it is negotiated and drafted with clauses on applicable law, jurisdiction, or arbitration. To use a foreign document in Mexico it is apostilled at origin (or legalized through consular channels) and translated by an expert. The recognition of a foreign judgment or award is requested before the district or local judge with jurisdiction, who gives notice to the opposing party and the Public Prosecutor and verifies the exequatur requirements; the procedure usually lasts from several months to more than a year. Arbitration follows the agreed rules, and the award is enforced or annulled before a Mexican court.

Documents usually required

• International contract with clauses on applicable law and dispute resolution
• Public documents apostilled or legalized through consular channels
• Translations by an authorized expert translator
• Foreign judgment or award with proof of finality and notification
• Powers of attorney executed abroad, apostilled
• Proof of reciprocity and of due process
• Letters rogatory with their annexes

How much does it cost?

Fees are agreed for contractual advice, for the recognition procedure (exequatur), or for representation in arbitration, where the institution's fees (ICC, CANACO) and the arbitrators' fees are also paid. The apostille, consular legalization, and expert translations have their own costs. Be careful: do not sign an international contract without a clear clause on applicable law and forum; litigating 'blind' in an unknown country can cost far more than getting advice before signing.

When do you need this lawyer?

You need an international law lawyer if you enter into contracts with companies or people from another country, if you need to collect a debt or enforce a judgment or award abroad, or bring one issued abroad into Mexico. Also to apostille and validate documents (certificates, powers of attorney, titles) you will use in another country, to agree on and conduct a commercial arbitration, to process international letters rogatory, or if you are a foreigner with businesses, inheritances, or disputes that cross the Mexican border.

Red flags when hiring

• Signing a cross-border contract without a clause on applicable law, forum, or arbitration
• Presenting a foreign document in Mexico without an apostille or an expert translation
• Believing that a foreign judgment is enforced 'automatically' without exequatur
• An advisor promises to collect abroad without analyzing reciprocity or jurisdiction
• Choosing an arbitration seat or rules without assessing the enforceability of the award
• Using powers of attorney executed abroad without an apostille to act before Mexican authorities