Mexico is a party to the Inter-American Convention on Extraterritorial Validity of Foreign Judgments and Arbitral Awards, signed on 8 May 1979 in Montevideo, Uruguay. The convention was approved by the Senate and published in the Official Gazette of the Federation on 4 February 1987, and promulgated in the Official Gazette of the Federation on 20 August 1987.
Judgments arising from civil and commercial proceedings may be recognised and executed.
A foreign judgment arising from an in rem action may not be executed.
Yes, the foreign judgment must be final and binding before it can be enforced – that is, it must be res judicata in the country where it was rendered.
No, a foreign judgment is not enforceable if it is subject to appeal in in the country where it was rendered.
In commercial matters, the limitation period for applying for recognition and enforcement of a foreign judgment is:
In civil matters, the limitation period for applying for recognition and enforcement of a foreign judgment is 10 years.
Recognition and enforcement of a foreign judgment is carried out through the same process.
The following documents are required to support an application for recognition and enforcement of a foreign judgment:
No fees are payable to the Mexican courts for the recognition and enforcement of foreign judgments.
It takes approximately three months to obtain a declaration of enforceability at first instance.
The declaration of enforceability may be appealed and an amparo may ultimately be filed.
The appeal and amparo can take up to nine months to be resolved.
Yes, the applicant can seek injunctive relief while the process is ongoing.
Recognition and enforcement of a foreign judgment may be challenged on the following grounds:
The defendant has nine days after being served to file a challenge.
Yes, the defendant can seek injunctive relief to prevent enforcement while a challenge is pending.
Yes, the court will review motu proprio whether service of process in the initial proceeding was done correctly.
Yes, the court will review the jurisdiction of the foreign court in the initial proceedings if the defendant submits an affirmative defence in this regard.
The Mexican courts cannot examine whether the judgment or award is just, or the reasoning and law applied by the judge. The Mexican courts can only examine the authenticity of the judgment and whether it should be executed according to Mexican law.
The Mexican courts can review the foreign judgment for compliance with public policy if the defendant raises this issue and proves that Mexican public policy has been breached; if this is the case, the courts can deny execution of the judgment.
The Mexican courts cannot examine or decide on the merits of the foreign judgment.
If the foreign judgment conflicts with a previous judgment in relation to the same dispute between the same parties, the Mexican courts will deny recognition and execution of the foreign judgment. In this regard, it should be determined which court was first notified of such case, or if the letter rogatory to serve summons was given to the secretary of foreign affairs or to any authority of the state where summons should be served.
There are no other grounds other than those already mentioned.
Yes, partial recognition and enforcement is possible if a judgment or award cannot be fully recognised and the party requests partial recognition and enforcement.
Usually interests are determined in the foreign judgement, therefore Mexican courts will abide to the way the foreign judgment established such interests.
In Mexico there are no court costs, Mexican court do not charge the parties for their services.
For currency issues, under Mexican law, article8 of the Monetary Law establishes that payment obligations in foreign currency, acquired within the Republic or abroad, to be performed in Mexico, shall be paid by handing over the equivalent of such amount in domestic currency at the exchange rate in force on the date and place where the payment is to be made, and that such exchange rate shall be determined in accordance to the provisions issued to that effect by the Bank of Mexico.
If execution of the foreign judgment is denied, this decision may be appealed and the proceeding will be stayed. If execution of the foreign judgment is allowed, this decision may be appealed and the proceeding will continue.
Yes, the applicant may seek injunctive relief while the appeal is pending if execution of the foreign judgment is allowed.
Any issues relating to the seizure of assets, deposits, appraisals, sale in public auction or other issues in relation to the liquidation and execution of a judgment issued by a foreign tribunal will be resolved by the judge in charge of recognition and enforcement. The beneficiary of moneys that are received from a sale in public auction is the foreign court.
No, the foreign judgment will produce effects only as between the parties to the proceeding.
There are no proposed legislative reforms in this regard, so the landscape is expected to remain the same for the time being.
Mexican law is extremely formalistic as regards the service of summons. It is therefore imperative to engage local counsel when serving summons on the defendant in the foreign proceeding.
Public policy is another tricky issue that must be addressed. When foreign cases take place, and it's foreseen that recognition and enforcement of the award will likely be in Mexico, local counsel should be engaged to review and analyse the merits of the case and its role with regard to Mexican public policy.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
