News 17 Dec. 2020

Partner Antonio Prida and Associate Irene Cuellar Publish Article on Mexico Potentially Incorporating The UNCITRAL Model Law and The Singapore Convention into National Legislation

Mexico City-based partner Antonio Prida and associate Irene Cuellar recently contributed an article to a Mexican legal journal, Abogado Corporativo (published by ANADE, the National Association of In-House Lawyers), regarding Mexico’s journey of incorporating the UNCITRAL Model Law on International Commercial Mediation and the Singapore Convention into national legislation.

The article begins with an analysis of both the UNCITRAL Model and the Singapore Convention. It then highlights the key advantages and opportunities that Mexico could enjoy if it aligns its national laws on alternative dispute resolution mechanisms with these international instruments. In particular, by adopting the UNCITRAL Model Law, Mexican law would be able to regulate commercial mediation, thus bringing Mexican law in line with international practice and strengthening its international relations.

The article also addresses that prior to reaping these benefits, certain issues would have to be harmonized at a national level so that the UNCITRAL Model Law and the Singapore Convention could be adopted by Mexico. These issues include clarifying the distinction between mediation and conciliation, as well as the grounds on which a mediator should be excused from rendering their services.

The adoption of both the UNCITRAL Model Law and the Singapore Convention is currently in the hands of the Mexican senate, and Mr. Prida and Miss. Cuellar will continue to update on progress in this regard.

Click here to read the article in Spanish.