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Commercial arbitration seated in Mexico: the arbitration agreement, the tribunal, interim measures, the award and annulment

Last verified: 2026-10-26 · Status: Stable

Mexico's arbitration law is the UNCITRAL Model Law, written into Title Four of Book Five of the Commercial Code in 1993: it governs domestic commercial arbitration and any international arbitration whose seat is in Mexico, and courts may intervene only where the Code allows. The parties choose the seat, language, rules, number of arbitrators (one if they say nothing) and the governing law; the tribunal rules on its own jurisdiction, may order interim measures that courts must enforce, and must give a reasoned written award dated at the seat. An award made in Mexico can be challenged only by annulment on listed grounds within three months, in a fast special court procedure with no appeal, and court costs are prohibited by the Constitution.

USD conversions use MXN 18.5026 per US dollar, the US Federal Reserve H.10 noon buying rate in New York for 16 October 2026 (FRED series DEXMXUS), the latest observation available when this page was verified. Conversions are for orientation only.

Key facts

Arbitration law based on the UNCITRAL Model Law	Yes (Commercial Code, Book Five, Title Four, 1993 reform) Código de Comercio arts. 1415 to 1480, as of 2026-10-26 · in force
Number of arbitrators when the parties have not agreed	1 arbitratorsCódigo de Comercio art. 1426, as of 2026-10-26 · in force
Deadline to challenge an arbitrator before the tribunal (default rule)	15 daysCódigo de Comercio art. 1429, as of 2026-10-26 · in force
Deadline to apply to annul an award made in Mexico	3 monthsCódigo de Comercio art. 1458, as of 2026-10-26 · in force
Appeal against the court judgment on annulment	None Código de Comercio art. 1476, as of 2026-10-26 · in force
Arbitral tribunal may order interim measures enforceable by courts	Yes Código de Comercio arts. 1433 and 1479, as of 2026-10-26 · in force
Deadline to request correction or interpretation of an award	30 daysCódigo de Comercio art. 1450, as of 2026-10-26 · in force

The rule

1. Scope: the Model Law applies to every commercial arbitration seated in Mexico. Title Four applies to domestic commercial arbitration and to international arbitration when the place of arbitration is in Mexico, subject to treaties and to laws that make certain disputes non arbitrable; the rules on court referral, court interim measures and recognition of awards apply even when the seat is abroad. An arbitration is international when the parties have their places of business in different countries when they sign, or when the seat, the place where a substantial part of the obligations is performed or the place most closely connected to the dispute is outside the country where the parties have their business. Unless the Code says otherwise, no court intervention is required, and where it is, the competent court is the federal or local first instance court of the seat.
Cost to do it: No filing fee to start an arbitration under the Code; institution and arbitrator fees depend on the rules the parties choose, and the Code sets no amounts.Código de Comercio, DOF 7 October to 13 December 1889 (Chamber of Deputies consolidated text, last reform DOF 14 November 2025, amounts updated by agreement DOF 18 February 2026), Arts. 1415, 1416, 1421 and 1422, 1993-07-22 official text · verified 2026-10-26

2. The arbitration agreement must be in writing, and it survives the contract. The agreement may be a clause in the contract or a separate agreement, and must appear in a signed document, an exchange of letters or electronic messages that record it, or an exchange of statement of claim and defence in which one side asserts it and the other does not deny it. A reference in a written contract to a document containing an arbitration clause also counts. The tribunal decides on its own jurisdiction, including objections to the existence or validity of the agreement; the clause is treated as independent, so a tribunal finding the contract void does not by itself void the clause. Objections to jurisdiction must be raised no later than the statement of defence; if the tribunal upholds its jurisdiction as a preliminary question, a party has 30 days from notice to ask the court for a final decision, against which there is no appeal, and the arbitration may continue meanwhile.
Cost to do it: Drafting cost only. A model clause of the chosen institution, with seat, language, number of arbitrators and governing law spelled out, avoids the cost of a court application later.Código de Comercio, DOF 7 October to 13 December 1889 (Chamber of Deputies consolidated text, last reform DOF 14 November 2025, amounts updated by agreement DOF 18 February 2026), Arts. 1416 (section I), 1423 and 1432, 1993-07-22 official text · verified 2026-10-26

3. Courts must send the parties to arbitration. A court seized of a matter covered by an arbitration agreement must refer the parties to arbitration when either asks, unless the agreement is void, inoperative or incapable of performance. The request must be made in the requesting party's first written filing on the merits; the court hears the other side and decides immediately, suspends the court case, and may refuse referral only if a final judgment or award already annulled the agreement or its invalidity is notorious, applying a rigorous standard. There is no appeal against the referral decision. When a party resident abroad expressly agreed to arbitration and then sues in court, individually or through a collective action, the court must refer the parties to arbitration.
Cost to do it: No court fee (Constitution art. 17); counsel's time to file the referral request in the first written answer.Código de Comercio, DOF 7 October to 13 December 1889 (Chamber of Deputies consolidated text, last reform DOF 14 November 2025, amounts updated by agreement DOF 18 February 2026), Arts. 1424, 1464 and 1465, 2011-06-06 official text · verified 2026-10-26

4. The tribunal: one arbitrator by default, nationality no bar, and fast court backup. The parties fix the number of arbitrators; failing agreement there is a sole arbitrator. Nationality is no obstacle. If the parties cannot agree on a sole arbitrator, or in a three member tribunal a party fails to appoint within 30 days of being asked or the two party arbitrators fail to agree on the chair within 30 days, the court appoints on request, without appeal. Before appointing, the court consults arbitral institutions, the public brokers' association or chambers of commerce and, unless inappropriate, sends the parties a list of at least three names to rank within 10 days. Arbitrators must disclose any circumstance raising justified doubts about impartiality or independence; a challenge goes to the tribunal within 15 days of learning of the grounds and, if rejected, to the court within 30 days, again without appeal.
Cost to do it: A sole arbitrator is the cheapest option; court appointment is a voluntary jurisdiction procedure with no court fee.Código de Comercio, DOF 7 October to 13 December 1889 (Chamber of Deputies consolidated text, last reform DOF 14 November 2025, amounts updated by agreement DOF 18 February 2026), Arts. 1426 to 1430 and 1466 to 1468, 1993-07-22 official text · verified 2026-10-26

5. Procedure: party autonomy within equal treatment. Each party must be treated equally and given full opportunity to present its case. Subject to the Code, the parties agree the procedure (directly or by adopting institutional rules); otherwise the tribunal conducts the arbitration as it considers appropriate, including on admissibility and weight of evidence. The parties choose the seat (otherwise the tribunal does) and the language; proceedings start when the respondent receives the request for arbitration. The tribunal may appoint experts, and may proceed and decide if the respondent does not answer or a party does not appear, without treating the default as an admission. The tribunal, or a party with its approval, may ask the court for assistance in taking evidence.
Cost to do it: Hearing, translation and expert costs are borne as the tribunal decides in the award (arts. 1453 to 1455).Código de Comercio, DOF 7 October to 13 December 1889 (Chamber of Deputies consolidated text, last reform DOF 14 November 2025, amounts updated by agreement DOF 18 February 2026), Arts. 1434 to 1444, 1993-07-22 official text · verified 2026-10-26

6. Interim measures: from the tribunal and from the court. Unless the parties agree otherwise, the tribunal may order any interim measure it considers necessary regarding the subject matter of the dispute and may require security. Separately, a party may ask a court for interim measures before or during the arbitration, which is not a waiver of the agreement, and the court has full discretion. A measure ordered by an arbitral tribunal, wherever ordered, is binding and enforced by the competent court on request; enforcement may be refused only on the grounds that apply to awards, if the tribunal's security order was not complied with, if the measure was revoked or suspended, or if it is incompatible with the court's powers and cannot be reformulated. The court may not review the substance of the measure. The party that requests the measure and the tribunal that orders it are liable for the damages it causes. Court applications run through the special trial of arts. 1472 to 1476.
Cost to do it: No court fee; the court or tribunal may require security from the applicant, and the applicant bears liability for damages if the measure proves unjustified.Código de Comercio, DOF 7 October to 13 December 1889 (Chamber of Deputies consolidated text, last reform DOF 14 November 2025, amounts updated by agreement DOF 18 February 2026), Arts. 1425, 1433, 1470 (sections III and IV), 1478, 1479 and 1480, 2011-01-27 official text · verified 2026-10-26

7. Applicable law and the award. The tribunal decides under the rules of law chosen by the parties; a choice of a country's law means its substantive law, not its conflict rules; failing a choice, the tribunal determines the applicable law. It may decide as amiable compositeur or ex aequo et bono only if the parties expressly authorize it, and always applies the contract and relevant trade usages. With more than one arbitrator decisions are by majority. The award must be in writing, signed (a majority suffices if the reason for a missing signature is stated), reasoned unless agreed otherwise or a consent award, and must state its date and the seat, where it is deemed made. Within 30 days of notice a party may ask for correction of errors or, if agreed, interpretation, and within 30 days for an additional award on claims omitted, which the tribunal issues within 60 days.
Cost to do it: The tribunal may not charge additional fees for correcting, interpreting or completing its award (art. 1455).Código de Comercio, DOF 7 October to 13 December 1889 (Chamber of Deputies consolidated text, last reform DOF 14 November 2025, amounts updated by agreement DOF 18 February 2026), Arts. 1445 to 1451, 1993-07-22 official text · verified 2026-10-26

8. Costs: the loser pays, unless the tribunal apportions. Absent agreed rules, the tribunal fixes the costs in the award: reasonable arbitrator fees considering the amount in dispute, complexity and time spent, travel, experts, witness expenses and the winner's reasonable legal costs if claimed. Costs are borne by the losing party, but the tribunal may apportion them. Once constituted, the tribunal may require equal deposits from each party; if deposits are not paid in full within 30 days of the request, the tribunal informs the parties so that either can pay, and may then suspend or terminate the proceedings. Any unused balance is refunded after the award.
Cost to do it: Each party usually advances half of the deposit; if the respondent refuses to pay its share, the claimant must pay it to keep the case alive.Código de Comercio, DOF 7 October to 13 December 1889 (Chamber of Deputies consolidated text, last reform DOF 14 November 2025, amounts updated by agreement DOF 18 February 2026), Arts. 1416 (section IV) and 1452 to 1456, 1993-07-22 official text · verified 2026-10-26

9. Annulment: listed grounds only, three months, no appeal. A Mexican court may set aside an award made in Mexico only if the applicant proves incapacity of a party or invalidity of the agreement, lack of proper notice or inability to present its case, decisions beyond the scope of the submission (only the excess is annulled if severable), or a tribunal or procedure not in line with the agreement or the Code; or if the court finds the subject matter not arbitrable under Mexican law or the award contrary to public policy. The application must be filed within three months of notice of the award, or of the decision on a correction or additional award request. The court may suspend the annulment proceedings to let the tribunal cure the defect. Annulment runs as a special trial: 15 days to answer, a 10 day evidence period only if evidence is offered, a hearing within three days, then judgment; neither interim rulings nor the judgment can be appealed.
Cost to do it: No court fee (Constitution art. 17); counsel's costs for a short written procedure. The ordinary remedy left against the judgment is amparo.
Example: An award of MXN 37,005,200 notified on 1 March must be challenged by 1 June; a challenge filed later is out of time whatever its merits. / The same award is about USD 2,000,000 at the page rate.Código de Comercio, DOF 7 October to 13 December 1889 (Chamber of Deputies consolidated text, last reform DOF 14 November 2025, amounts updated by agreement DOF 18 February 2026), Arts. 1457, 1458, 1459, 1470 (section V) and 1472 to 1477, 2011-01-27 official text · verified 2026-10-26

Court role	Deadline or procedure	Appeal	Rule
Refer the parties to arbitration	Request in first filing on the merits; decided immediately	None	Arts. 1424, 1464, 1465
Appoint an arbitrator	After 30 days without appointment; list of 3 names, 10 days to rank	None	Arts. 1427, 1466 to 1468
Decide a rejected challenge	Within 30 days of the tribunal's decision	None	Art. 1429
Review a preliminary ruling on jurisdiction	Within 30 days of notice	None	Art. 1432
Interim measures and enforcement of arbitral measures	Special trial	None	Arts. 1425, 1470, 1478 to 1480
Annul the award	Within 3 months of notice; special trial	None	Arts. 1457, 1458, 1472 to 1476

Court roles in an arbitration seated in Mexico, verified 26 October 2026 against the Commercial Code.

Worked example

A Spanish engineering firm and a Mexican cement producer sign a supply contract with a clause for arbitration seated in Mexico City, in English, with three arbitrators and Mexican law. Because the parties have places of business in different countries, it is an international arbitration under art. 1416, section III.
The Mexican party sues in a Mexico City court instead. The Spanish firm asks for referral in its first written answer on the merits; the court suspends the case and refers the parties to arbitration, with no appeal (arts. 1464 and 1465).
The tribunal orders the Mexican party to preserve a stock of clinker pending the award and asks for security; the Spanish firm has a Mexican court enforce the order (art. 1479). The final award of MXN 37,005,200 (about USD 2,000,000) includes costs against the losing party (art. 1455). Any annulment application must be filed within three months of notice (art. 1458).

Step by step

1. Draft the clause: institution or ad hoc rules, seat in a named Mexican city, language, number of arbitrators, governing law and, if relevant, consent to tribunal interim measures and expedited procedure.
2. If the other side sues in court, request referral in your first written filing on the merits; later requests risk waiver (art. 1464).
3. Serve the request for arbitration; proceedings start on receipt (art. 1437). Calendar the 30 day appointment window and the 15 day challenge window.
4. Raise any jurisdiction objection no later than the statement of defence (art. 1432).
5. Seek urgent measures from the tribunal or, before it is constituted, from the court (arts. 1425 and 1433).
6. After the award, calendar 30 days for correction or additional award requests and three months for annulment (arts. 1450, 1451 and 1458).
7. To collect, enforce the award through the special trial without homologation (see the enforcement page).

Common traps

A clause that names no seat leaves the choice to the tribunal (art. 1436) and can move the court control of the award to an unexpected place.
Pleading the merits in court before asking for referral. The referral request must be in the first filing on the substance (art. 1464).
Missing the three month annulment deadline. It runs from notice of the award, and there is no restitution of the term.
Assuming every dispute is arbitrable. Matters excluded by special laws and disputes contrary to public policy can lead to annulment (art. 1457, section II).
Forgetting liability for interim measures. The party that asks for a measure answers for the damages it causes if the measure was not justified (art. 1480, last paragraph).
Not paying the deposit. The tribunal may suspend or end the case 30 days after a deposit request is left unpaid (art. 1456).

Sources

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