by José Antonio Cervantes Acosta | Jul 15, 2026 | Corporate Governance & Compliance, Corporate Risk Managemen
A widely held assumption among companies with international operations is that agreeing to arbitration abroad “removes” the dispute from Mexican courts. A case recently decided by Mexico’s Supreme Court of Justice (the Court) shows that this assumption is incomplete...
by José Antonio Cervantes Acosta | Jul 7, 2026 | Corporate Governance & Compliance, Corporate Risk Managemen
If you are a director of a Mexican company and still believe that your obligation is limited to delivering financial and corporate information at the general shareholders’ meeting, within statutory and bylaw deadlines, you should reconsider. The Mexican Supreme...
by José Antonio Cervantes Acosta | Jul 7, 2026 | Corporate Governance & Compliance, Corporate Risk Managemen
A bank granted a loan to another company, which signed promissory notes with interest rates freely set by the lender and secured by a mortgage guarantee. The bank assumed that, because the borrower was another company, the rate would not be challenged. The Mexican...
by José Antonio Cervantes Acosta | Jul 3, 2026 | Corporate Governance & Compliance, Corporate Risk Managemen
The contracts and purchase orders you use with your clients state that any dispute will be submitted to the courts you selected. As of June 29, that clause may not hold before a judge. As of that date, binding case law establishes that express submission clauses to...
by José Antonio Cervantes Acosta | Jun 10, 2026 | Corporate Governance & Compliance, Corporate Risk Managemen
Many individuals and companies in Mexico use management trusts to protect assets and isolate risks. The rationale is straightforward: assets are transferred to a trustee institution and are placed outside the reach of creditors and corporate disputes. However, they...
