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ARTICLE · 21 JULY 2005

Supreme Court Backs Commercial Arbitration

The constitutionality of Article 1435 of the Commercial Code (which reproduces Article 19 of the United Nations Commission on International Trade Law (UNCITRAL) Model Law on International Commercial Arbitration) was recently tested when a Mexican telephone company filed a constitutional action for relief against it.

MexicoCorporate/Commercial Law
Luis Santos
Luis Santos

Originally published on International Law Office in November 2004

Background


The constitutionality of Article 1435 of the Commercial Code (which reproduces Article 19 of the United Nations Commission on International Trade Law (UNCITRAL) Model Law on International Commercial Arbitration) was recently tested when a Mexican telephone company filed a constitutional action for relief against it.1

A basic principle of arbitration was questioned on the grounds of constitutionality. Among other things, the principle allows the arbitral tribunal to conduct arbitration as it considers appropriate. The text of Article 1435 is as follows:

"Subject to the provisions of the present heading, the parties will be free to agree on the procedure to be followed by the arbitral tribunal in its actions.

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