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 […]
Civil Liability Risks and Core Duties of Directors in Mexican Companies
Directors of commercial corporations are regarded as their agents and legal representatives according to articles 10 and 142 of the Mexican General Corporations and Partnerships Law (“GCPL”), and have the authority necessary to perform all those activities listed in the company’s corporate purpose unless otherwise stated in the law or in the bylaws of a […]
Tensions in the Mexico–U.S. Air Agreement US: DOT measures and AFAC response
On July 19, 2025, the U.S. Department of Transportation (DOT) announced a series of enforcement measures against Mexico, citing violations of the 2015 U.S.–Mexico Bilateral Air Transport Agreement. According to the Department of Transportation, since 2022 Mexico has revoked airport slots from U.S. airlines and forced U.S. all-cargo carriers to relocate from Mexico City International […]
Court issues ruling on the legality of service of process carried out by a private courier in the United States
The First Chamber of the Supreme Court of Justice of Mexico heard a case in which one person sued another who resides in the State of California, United States of America. The initiated trial was of a commercial nature. The judge ordered the summons to the defendant through a rogatory letter without specifying that it […]
Federal Court issues new decision on the duty to notify the attorneys-in-fact about the revocation of their authority.
On January 12,2024, it was published a decision on the importance to notify the attorneys-in-fact on the revocation of their authority. In the matter at hand, a court agreement that put and end to a trial was signed by one of the party’s attorney-in-fact, yet it was ratified before the court, it was not approved […]
Mexico’s Supreme Court renders judgment on the types of sections in commercial agreements that are null and void.
The First Chamber of Mexico’s Supreme Court (the “Court”) issued a decision by which it clarified the limits to the freedom of contract principle in a supply agreement. A supply agreement entails the periodic delivery of goods by a supplier to a client, in exchange of a consideration in cash. It is common practice that […]
Mexican Court determines the effects of inserting a condition in promissory notes
Introduction A promissory note is an executory instrument regulated by the General Negotiable Instruments and Credit Transactions, which establishes the mandatory requirements that said document must contain: I.- The mention of being a promissory note, inserted in the text of the document; II.- The unconditional promise to pay a certain sum of money; III.- The […]
The Mexican Competition Commission raises concerns on the initiative to amend the aviation regulatory framework proposed by Mexico’s president
ENGLISH VERSION Airlines’ officers, deputies, public servants and representatives of aviation and airport organizations met at the offices of the Chamber of Deputies to discuss Mexico’s president initiative to amend the Airports Law and the Civil Aviation.1 A representative of the Mexican Federal Competition Commission (Cofece) Mr. José Nery Pérez Trujillo mentioned that competition might […]