Closing the Gap: How to Avoid Costly Litigation in High-Stake Credit.
Some companies granting high-value credit rely on the fact that, by being secured through non-possessory pledges or guaranty trusts, they will face fewer difficulties in recovering their investment in the event of a debtor’s default. On the other hand, if the formal requirements mandated by law to establish such collateral are not met, creditors may […]
Cross-Border Contractual Shielding: Why foreign law does not secure immunity in Mexico.
Some companies with cross-border businesses still assume that by choosing foreign laws to govern agreements that have effects in Mexico, they will obtain greater legal certainty. This is because they assume that a Mexican judge will apply the agreement literally when the validity or scope of any of its clauses is challenged. However, that assumption […]