On November 4th, the Harvard Club of Mexico hosted the event "Judicial Reform: Impact on the Private Sector", where our partner Juan José Paullada, moderated an engaging discussion between renowned experts in the field, including SCJN's Justice Javier Laynez Potisek, Guillermo García San Pedro, General Counsel of Citibanamex, and Cecilia Azar, Partner at Galicia Abogados.
Key takeaways include:
- Despite the absence of a detailed diagnosis outlining the judiciary's main challenges, the reform falls short in addressing basic issues such as the prompt resolution of cases.
- Changes to the rules governing the composition of judicial bodies in the country could diminish the independence and impartiality of judges. However, this would not necessarily apply to institutions like the Federal Court of Administrative Justice, which remains unaffected by the reform.
- The Mexican legal framework includes alternative dispute resolution mechanisms, which could offer viable solutions for certain types of disputes, whether between private parties or between individuals and authorities.
- Foreign investors retain the right to appeal to international arbitration tribunals if the Mexican government violates the protections provided under the agreements for the promotion and reciprocal protection of investments signed by Mexico.
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