{"id":111842,"date":"2025-09-10T11:49:13","date_gmt":"2025-09-10T11:49:13","guid":{"rendered":"https:\/\/my.legal500.com\/guides\/?post_type=comparative_guide&#038;p=111842"},"modified":"2025-09-10T11:56:55","modified_gmt":"2025-09-10T11:56:55","slug":"mexico-enforcement-judgments","status":"publish","type":"comparative_guide","link":"https:\/\/my.legal500.com\/guides\/chapter\/mexico-enforcement-judgments\/","title":{"rendered":"Mexico: Enforcement of Judgments in Civil and Commercial Matters"},"content":{"rendered":"","protected":false},"template":"","class_list":["post-111842","comparative_guide","type-comparative_guide","status-publish","hentry","guides-enforcement-judgments","jurisdictions-mexico"],"acf":[],"appp":{"post_list":{"below_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">DLA Piper Mexico<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/my.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2019\/03\/DLA-Piper.jpg\"\/><\/span><\/div>"},"post_detail":{"above_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">DLA Piper Mexico<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/my.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2019\/03\/DLA-Piper.jpg\"\/><\/span><\/div>","below_title":"<span class=\"guide-intro\">This country specific Q&amp;A provides an overview of Enforcement of Judgments in Civil and Commercial Matters laws and regulations applicable in Mexico<\/span><div class=\"guide-content\"><div class=\"filter\">\r\n\r\n\t\t\t\t<input type=\"text\" placeholder=\"Search questions and answers...\" class=\"filter-container__search-field\">\r\n\t\t\t<\/div>\r\n\r\n\t\t\t\r\n\r\n\r\n\t\t\t<ol class=\"custom-counter\">\r\n\r\n\t\t\t\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What international conventions, treaties or other arrangements apply to the enforcement of foreign judgments in your jurisdiction and in what circumstances do they apply?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Mexico is a party to multiple international treaties on the enforcement of foreign judgments, such as:<\/p>\n<ul style=\"padding-left: 0\">\n<li>The Hague Choice of Courts Convention of 2005;<\/li>\n<li>The Inter-American Convention on the Extraterritorial Validity of Foreign Judgments and Arbitral Awards;<\/li>\n<li>The Inter-American Convention on Jurisdiction in the International Sphere for the Extraterritorial Validity of Foreign Judgments;<\/li>\n<li>The Inter-American Convention on Letters Rogatory;<\/li>\n<li>The Additional Protocol to the Inter-American Convention on Letters Rogatory;<\/li>\n<li>The Inter-American Convention in the Taking of Evidence Abroad;<\/li>\n<li>The Additional Protocol to the Inter-American Convention on the Taking of Evidence Abroad;<\/li>\n<li>The Convention between the United Mexican States and the United Kingdom of Spain on the Recognition and Enforcement of Foreign Judicial Judgments and Arbitral Awards in Civil and Commercial Matters;<\/li>\n<li>The Convention of 5 October 1961 Abolishing the Requirement of Legalization for Foreign Public Documents; and<\/li>\n<li>The Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters.<\/li>\n<\/ul>\n<p>Domestic civil legislation has been adapted to recognize the enforcement of foreign judgments in Mexico. The civil legislation establishes the procedure and requirements for the enforcement of foreign judgments through the Federal Code of Civil Procedure (FCCP) and the Commercial Code (CC) (note: on July 7, 2023, the National Code of Civil and Family Procedure (NCCFP) was enacted, which will replace the FCCP no later than April 1, 2027).<\/p>\n<p>The FCCP and the CC provide that foreign judgments, private arbitral awards of a non-commercial nature and judicial decisions are enforced through an enforcement procedure. Enforcement takes place through an ancillary proceeding in which the Mexican courts limit their analysis of the foreign judgment to its authenticity and whether it is enforceable under Mexican law.<\/p>\n<p>Regarding the future application of the NCCFP, it is important to highlight that this Code establishes that the procedure for the recognition of foreign judgments shall be governed by the provisions established in the applicable international instruments and in the NCCFP itself. This aims to harmonize the recognition of foreign judgments in Mexico.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What, if any, reservations has your jurisdiction made to such treaties?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Mexico has made reservations and\/or interpretative statements regarding some of the international treaties mentioned in the answer to question 1; however, those considered most relevant are as follows:<\/p>\n<ul style=\"padding-left: 0\">\n<li>The Inter-American Convention on the Extraterritorial Validity of Foreign Judgments and Arbitral Awards:\n<ul style=\"padding-left: 5\">\n<li>Reservation on Article 1: limiting its application to punitive judgments involving property in one of the States Parties.<\/li>\n<li>Interpretative declaration on Article 2 (d): This condition shall be considered fulfilled when the jurisdiction of the judge or tribunal has been established in accordance with the rules recognized in the Inter-American Convention on Jurisdiction in the International Sphere for the Extraterritorial Validity of Foreign Judgments, excluding all matters referred to in Article 6 of that instrument.<\/li>\n<li>Interpretative declaration on Article 3: Confirmation and enforcement of foreign judgments and arbitral awards require their transmission by means of letters rogatory containing the summons required for the Parties to appear before the judge receiving the letters rogatory.<\/li>\n<li>Interpretative declaration on Article 6: The judge receiving letters rogatory is competent in all procedures to guarantee the execution of judgments, including, inter alia, procedures concerning attachments, depositaries, third-party interventions, and adjudication in auction.<\/li>\n<\/ul>\n<\/li>\n<li>The Inter-American Convention on Jurisdiction in the International Sphere for the Extraterritorial Validity of Foreign Judgments:\n<ul style=\"padding-left: 5\">\n<li>Interpretative declaration on Article 11: This instrument shall be applied to determine the validity of jurisdiction in the international sphere referred to in Article 2 (d) of the Inter-American Convention on Extraterritorial Validity of Foreign Judgments and Arbitral Awards, without prejudice to Mexico&#8217;s prerogative to apply this Convention independently.<\/li>\n<\/ul>\n<\/li>\n<\/ul>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Can foreign judgments be enforced in your jurisdiction where there is not a convention or treaty or other arrangement, e.g. under the general law?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Yes, foreign judgments can be enforced even in the absence of a convention, treaty or other agreement. The current law does not prohibit this, and the Mexican Supreme Court of Justice has addressed this issue in a non-binding but guiding precedent (see digital registry: 176451). The justices considered that the expressions \u2018rules recognized in the international sphere\u2019 or \u2018in international law\u2019, used in Article 1347-A, Section III of the CC and Article 571, Section III of the FCCP, do not imply that there must be an international treaty signed between Mexico and the country of origin of the judgment for it to be recognized and enforced, since the interpretation of such phrases includes much more than international treaties. Furthermore, Articles 564 and 566 of the FCCP establish express rules for the recognition of the jurisdiction of foreign judicial authorities in the context of exequatur proceedings. This confirms that the existence of international treaties is not essential in this respect, since there are rules that regulate the competency of the court of origin.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What basic criteria does a foreign judgment have to satisfy before it can be enforced in your jurisdiction? Is it limited to money judgments or does it extend to other forms of relief?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>To enforce a foreign judgment in Mexico, Article 571 of the FCCP and Article 1347-A of the CC establish the following requirements:<\/p>\n<ul style=\"padding-left: 0\">\n<li>The formalities established in the international treaties on mutual legal assistance to which Mexico is a party must be complied with;<\/li>\n<li>It must not have been issued as a result of an action <em>in rem<\/em>;<\/li>\n<li>The judicial authority issuing the decision must have jurisdiction and must evaluate the matter in accordance with the rules of international law that are compatible with national legislation;<\/li>\n<li>The defendant must have been personally summoned;<\/li>\n<li>The decision must have the status of <em>res judicata<\/em> in the country in which it was rendered (or, alternatively, there must be no ordinary appeal available against it);<\/li>\n<li>The act from where the requirements arise must not be the subject of a lawsuit pending between the same parties before Mexican courts, and in which the Mexican court has taken preventive action (or at least the letter rogatory for the summons has been processed and delivered to the Ministry of Foreign Affairs or the authorities of the state where the summons is to be served);<\/li>\n<li>The obligation to be performed must not be contrary to public policy in Mexico; and<\/li>\n<li>The documentation must be properly authenticated.<\/li>\n<\/ul>\n<p>It is important to note that while Article 1186 of the NCCFP includes a new wording and order for the requirements that foreign judgments must comply with to be enforced, the essence of the requirements set forth in the FCCP remains the same.<\/p>\n<p>In addition, Article 1189 of the NCCFP adds four scenarios (broadly mentioned before) under which a foreign judgment will not be enforced in Mexico:<\/p>\n<ul style=\"padding-left: 0\">\n<li>If it is not <em>res iudicata<\/em>;<\/li>\n<li>If it cannot produce any legal effect in the State where it was rendered;<\/li>\n<li>If it is contrary to the institutions and fundamental principles of Mexican public order or was rendered in violation of the law; and<\/li>\n<li>If the procedure that led to the judgment is incompatible with the principles of due process under Mexican law.<\/li>\n<\/ul>\n<p>Money judgments are not the only type of judgments that can be enforced in Mexico. However, Article 568 of the FCCP establishes that Mexican courts have exclusive jurisdiction in the following matters:<\/p>\n<ul style=\"padding-left: 0\">\n<li>Lands and waters located in the national territory, including the subsoil, airspace, territorial sea and continental shelf, whether they are <em>in rem<\/em> rights, rights derived from concessions of use, exploration, exploitation or utilization, or leasing of such assets;<\/li>\n<li>Resources of the exclusive economic zone or related to any of the sovereign rights over such zone, under the terms of the Federal Sea Act;<\/li>\n<li>Acts of authority or related to the internal regime of the State and of the agencies of the Federation and of the federal entities;<\/li>\n<li>Internal regime of Mexican embassies and consulates abroad and their official actions; and<\/li>\n<li>Where the applicable legislation so provides.<\/li>\n<\/ul>\n<p>Therefore, foreign judgments (of any kind) relating to these matters will not be enforceable in Mexico. It must also be considered that Mexico made an express reservation to Article 1 of the Inter-American Convention on the Extraterritorial Validity of Foreign Judgments and Arbitral Awards, which limits the application of this international treaty to criminal judgments involving property in one of the contracting states.<\/p>\n<p>In addition, Article 569 of the FCCP establishes that the effects that the judgments may have on national territory shall be determined by national legislation, which is a further limitation.<\/p>\n<p>Apart from the exceptions mentioned above, judgments containing other types of relief may be enforced.<\/p>\n<p>As highlighted, the NCCFP introduces new principles on the matter of enforcement of foreign judgments, specifically on the type of judgment and its effects, these being that:<\/p>\n<ul style=\"padding-left: 0\">\n<li>While the NCCFP does not contain an article of the same nature as Article 568 of the FCCP, this should not be interpreted as if these matters can now be decided in a foreign judgment and enforced in Mexico, since those issues are considered Mexican public policy; and<\/li>\n<li>The effects of the enforceable judgment or award will now be those stated in the judgment or award, as Article 1181 of the NCCFP establishes, parting ways from the rule contained under Article 569 of the FCCP.<\/li>\n<\/ul>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the procedure for enforcement of foreign judgments pursuant to such conventions, treaties or arrangements in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The procedure for enforcing foreign judgments according to the FCCP consists of two parts: (i) homologation and (ii) ancillary enforcement, which is described in the answer to question 6.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">If applicable, what is the procedure for enforcement of foreign judgments under the general law in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>As mentioned above, the first part of the procedure consists of a homologation process, which essentially is a matter of formal requirements, thus the answer will be set out in the answer to question 7.<\/p>\n<p>Regarding the ancillary enforcement proceeding:<\/p>\n<ul style=\"padding-left: 0\">\n<li>The parties shall be personally summoned;<\/li>\n<li>The parties may present their defenses and exercise their corresponding rights;<\/li>\n<li>The parties may also offer the pertinent evidence (if applicable);<\/li>\n<li>A hearing date for the presentation of evidence will be set afterwards (if applicable);<\/li>\n<li>The judge will rule on the enforcement; and<\/li>\n<li>If the enforcement is denied or authorized, this decision may be challenged by means of a motion to appeal (see the answer to question 18).<\/li>\n<\/ul>\n<p>Issues pertaining to attachments, seizure of assets, appraisal, auction, and other matters concerning the liquidation and enforcement of a judgment delivered by a foreign court will be resolved by the court in charge of the enforcement process. The distribution of funds resulting from the auction will remain at the disposal of the foreign judge delivering the judgment.<\/p>\n<p>A new possibility for enforcement has been introduced in Article 1187 of the NCCFP, which states that, where applicable, the Mexican judicial authority shall specify which parts of the enforcement procedure may be executed using special or different forms than those used in Mexico. The jurisdictional authority shall specify any additional or deleted procedural forms. The aforementioned will proceed as long as it does not contravene fundamental principles and institutions of public order, particularly those set out in the Mexican Constitution with regard to human rights. The foreign petitioner or interested party must include a description of the formalities they are requesting be applied in the execution of the international request or letter rogatory.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What, if any, formal requirements do the courts of your jurisdiction impose upon foreign judgments before they can be enforced? For example, must the judgment be apostilled?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The request of the foreign court that issued the judgment must be accompanied by the following documents for the homologation provided for in Article 572 of the FCCP:<\/p>\n<ul style=\"padding-left: 0\">\n<li>An authenticated copy of the judgment;<\/li>\n<li>An authenticated or certified copy of proof that the essential procedural formalities have been complied with;<\/li>\n<li>A Spanish translation of all the authenticated documents; and<\/li>\n<li>Additionally, the plaintiff must indicate an address for service of notice in the jurisdiction of the court before which it is requesting the enforcement of the foreign judgment.<\/li>\n<\/ul>\n<p>Foreign judgments do not need to be legalized, since they are transmitted through official channels (Article 552 FCCP); however, they need to be apostilled in order to comply with the authentication requirement (Article 571 FCCP). This has changed, as Article 1165 of the NCCFP establishes that if the rogatory letter or international request is made through official channels, the documents do not need to be apostilled. (This could be contrary to the \u2018authenticity\u2019 requirement set forth in Articles 1186 and 1188 of the NCCFP.).<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How long does it usually take to enforce or register a foreign judgment in your jurisdiction? Is there a summary procedure available?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The foreign judgment procedure in Mexico is a summary procedure, and the time it takes to enforce a foreign judgment will ultimately depend on:<\/p>\n<ul style=\"padding-left: 0\">\n<li>The workload of the corresponding courts; and<\/li>\n<li>The collection rate and accumulated experience of the legal counsel handling the specific case.<\/li>\n<\/ul>\n<p>The proceeding before a Mexican tribunal, including an appeal and if a constitutional remedy (amparo) is applied (see answer to question 18), could take up to 3 years.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is it possible to obtain interim relief (e.g. an injunction to restrain disposal of assets) while the enforcement or registration procedure takes place?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>This is possible, since there is no express prohibition in law. However, it will be decided on a case to case basis by the relevant judge. The same reasoning applies to the NCCFP.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the limitation period for enforcing a foreign judgment in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>There is no specific limitation period for enforcing foreign judgments. However, there are two possible approaches:<\/p>\n<p>First, if enforcement is regarded as an effect of the judgment, Article 1159 of the Mexican Federal Civil Code (CiC), applicable considering Article 569 of the FCCP, stipulates that the general limitation period for exercising rights is 10 years (exceptions may apply). Alternatively, if enforcement of the judgment is viewed as an inherent right associated with the judgment itself, the statutes of limitations of the foreign applicable law shall be considered.<\/p>\n<p>In light of Article 1181 of the NCCFP, the above interpretation may no longer be relevant, as the effects will now be those pertaining to the foreign judgment, eliminating the two possible interpretations and leaving just the one based on the foreign law statute of limitations.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">On what grounds can the enforcement of foreign judgments be challenged in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>A foreign judgment can be challenged based on the following grounds (Article 571 of the FCCP):<\/p>\n<ul style=\"padding-left: 0\">\n<li>If the formalities established in the international treaties on mutual legal assistance to which Mexico is a party are not complied with.<\/li>\n<li>If it was issued as a result of an action <em>in rem<\/em>.<\/li>\n<li>If the judicial authority issuing the decision does not have jurisdiction, or if the matter is not in accordance with the rules of international law and is incompatible with national legislation.<\/li>\n<li>If the defendant was not personally summoned.<\/li>\n<li>If the decision is not <em>res judicata<\/em> in the country in which it was rendered.<\/li>\n<li>If the act that gave rise to the controversy is the subject of a pending lawsuit between the same parties before Mexican courts, or if the Mexican court has taken preventive action (or at least the letter rogatory for the summons has been processed and delivered to the Ministry of Foreign Affairs or the authorities of the state where the summons is to be served).<\/li>\n<li>If the obligation to be performed is contrary to public policy in Mexico (for example, if the matter is set out as exclusive competency for Mexican tribunals in Article 568 of the FCCP).<\/li>\n<li>If the documentation is not properly authenticated.<\/li>\n<\/ul>\n<p>The NCCFP basically establishes the same grounds for the challenge of a foreign judgment within its Articles 1186 and 1189.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Will the courts in your jurisdiction reconsider the merits of the judgment to be enforced?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>No, per Article 575 of the FCCP (replicated in Article 1190, Section VII, of the NCCFP), the judge or appeal courts are not permitted to reconsider the merits of the case and must only analyse whether the judgment is authentic and should be executed per Mexican law.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Will the courts in your jurisdiction examine whether the foreign court had jurisdiction over the defendant? If so, what criteria will they apply to this?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Yes, the competence of the presiding judge will be evaluated as a prerequisite for the enforceability of the judgment, in accordance with the provisions of Section III of Article 571 of the FCCP and Section III of Article 1186 of the NCCFP. For instance, Article 1186, Section IV, of the NCCFP stipulates that a Mexican judge must ascertain whether the parties to an agreement that selected a foreign forum had the capacity to enter into this agreement. Furthermore, Article 13, Section II of the CiC stipulates that the applicable law is determined by the status and capacity of individuals based on their domicile.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Do the courts in your jurisdiction impose any requirements on the way in which the defendant was served with the proceedings? Can foreign judgments in default be enforced?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Yes, it is considered Mexican public policy that the defendant must be personally summoned to the process. This is done to ensure that their due process rights and ability to present their case are not hindered, as described in the answer to question 4. While there are no specific requirements, the summoning rules in the foreign country must align with the fundamental principles of Mexican law.<\/p>\n<p>&#8220;<em>Personally serving the defendant<\/em>&#8221; shall be construed as providing the defendant with an opportunity to present their case and protect their due process rights, rather than offering them the chance to actively defend themselves in the proceedings. This allows for foreign judgments in default to be enforced.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Do the courts in your jurisdiction have a discretion over whether or not to recognise foreign judgments?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>While there are objective criteria that establish specific situations under which foreign judgments cannot be recognized, the last paragraph of Article 571 of the FCCP (similar to Article 1186 of the NCCFP) allows a judge to deny enforcement of a judgment if it is proven that the country from which the judgment originates does not offer reciprocity in similar cases, despite the fulfilment of the enforceability requirements.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there any types of foreign judgment which cannot be enforced in your jurisdiction? For example can foreign judgments for punitive or multiple damages be enforced?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Yes, as mentioned in the answer to question 4, judgments related to the following matters, or that are contrary to Mexican law, cannot be enforced. These include:<\/p>\n<ul style=\"padding-left: 0\">\n<li>The specific matters set out in Article 568 of the FCCP, such as lands and water in the national territory and acts of Mexican authorities, etc.<\/li>\n<li>Judgments that are not punitive judgments involving property in one of the contracting states of the Inter-American Convention on the Extraterritorial Validity of Foreign Judgments and Arbitral Awards, per the reservation made by Mexico to Article 1 of the mentioned international treaty.<\/li>\n<li>If an effect of a judgment is barred by national legislation, as established by Article 569 of the FCCP.<\/li>\n<\/ul>\n<p>As highlighted, the NCCFP introduces new principles on the matter of enforcement of foreign judgments, since the effects of the enforceable judgment or awards will now be those stated in the judgment or award (Article 1181 of the NCCFP).<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Can enforcement procedures be started in your jurisdiction if there is a pending appeal in the foreign jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>No, as mentioned in the answer to question 4, it is a requirement that judgments are <em>res judicata<\/em>.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Can you appeal a decision recognising or enforcing a foreign judgment in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Yes. Homologation and enforcement have no practical distinction in Mexico. Thus, both elements may be appealed, as envisioned under Article 574 of the FCCP (and Section V of Article 1190 of the NCCFP). Additionally, if the appeal decision is considered to be contrary to the human rights contained in the Mexican Constitution and international treaties, a constitutional remedy (amparo) can be filed.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Can interest be claimed on the judgment sum in your jurisdiction? If so on what basis and at what rate?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Yes. The FCCP does not prohibit a claim of interest, and the CiC allows it. In light of Article 560 of the FCCP, it is reasonable to conclude that interest can be claimed. In the case of civil controversies, a 9% annual interest may be claimed. For commercial disputes, a 6% annual interest applies.<\/p>\n<p>Since the NCCFP changes the rules of the effects that the enforceable judgement or award may have on Mexican territory, this might be interpreted as a matter that depends on the laws of the country of origin of the judgment.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Do the courts of your jurisdiction require a foreign judgment to be converted into local currency for the purposes of enforcement?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>No, although Article 8 of the Monetary Act states that payment obligations in foreign currency contracted within or outside Mexico to be performed in Mexico shall be paid in pesos.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Can the costs of enforcement (e.g. court costs, as well as the parties\u2019 costs of instructing lawyers and other professionals) be recovered from the judgment debtor in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Yes, the possibility to recoup the costs of judicial proceedings is established as a general principle in Article 7 of the FCCP.<\/p>\n<p>Article 1190, section IV, of the NCCFP states that the enforcement costs will be covered by the party against which the judgment is enforced (if applicable).<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are third parties allowed to fund enforcement action in your jurisdiction? If so, are there any restrictions on this and can third party funders be made liable for the costs incurred by the other side?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Yes, it is allowed. There are no restrictions on this, and responsibility will depend on the contract through which the funding was structured. However, litigation funding is not a common practice in Mexico.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What do you think will be the most significant developments in the enforcement process in your jurisdiction in the next 5 years?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The most significant developments in the enforcement process over the next five years are expected to be twofold.<\/p>\n<p>The first element to consider is the gradual and independent application by the local and federal courts of the NCCFP (see answer to question 1). For example, Mexico City\u2019s local courts will be applying the NCCFP in its entirety by November 15<sup>th<\/sup>, 2026.<\/p>\n<p>Therefore, local and federal courts might begin interpreting and applying the new NCCFP differently, setting different criteria and standards in the country for its application. Until these interpretative discrepancies are resolved by higher courts, setting a uniform and mandatory criterion, there is a risk of divergent new interpretations.<\/p>\n<p>The second element to be considered is that the Mexican Federal Judicial branch underwent a substantial reform. Due to this reform, all judges and magistrates, including local and federal, as well as justices, will be elected through popular vote. The first elections for half of the judges, magistrates, and all justices from the Federal Judiciary took place on June 1<sup>st<\/sup>, 2025; the judges for the \u00a0remaining seats will be elected in 2027. Additionally, the elected judges, magistrates, and justices will enter office by September 2025. This could usher in a new generation of interpretations from the Federal Judicial branch.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Has your country ratified the Hague Choice of Courts Convention 2005, and if so when did it (or will it) come into force? If not, do you expect it to in the foreseeable future?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Yes, Mexico has signed and ratified this treaty, and it came into force on October 1<sup>st<\/sup>, 2015.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Has your country ratified the Hague Judgments Convention 2019, and if so when did it (or will it) come into force? If not, do you expect it to in the foreseeable future?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>No, Mexico has not signed nor ratified this treaty.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\r\n<div class=\"word-count-hidden\" style=\"display:none;\">Estimated word count: <span class=\"word-count\">4183<\/span><\/div>\r\n\r\n\t\t\t<\/ol>\r\n\r\n<script type=\"text\/javascript\" src=\"\/wp-content\/themes\/twentyseventeen\/src\/jquery\/components\/filter-guides.js\" async><\/script><\/div>"}},"_links":{"self":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide\/111842","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide"}],"about":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/types\/comparative_guide"}],"wp:attachment":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/media?parent=111842"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}