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Martínez Algaba de Haro y Curiel | Mexico | 29 Nov 2022

The Complex Commercial Litigation Law Review: Mexico

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Martínez Algaba de Haro y Curiel | Mexico | 17 Mar 2022

R&I: Mexico

"According to figures published by the Federal Institute of Commercial Insolvency Specialists (IFECOM) (an auxiliary body of the Federal Judicial Council whose functions include..."

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Martínez Algaba de Haro y Curiel | Mexico | 15 Mar 2022

New interpretation of diffuse control of constitutionality

A new interpretation has been made on the scope of the diffuse control of constitutionality in amparo trials. An "amparo trial" is where a federal judge or court is requested to analyse the constitutionality of a specific act of an authority. The interpretation is more in line with the spirit of the amendment of the Mexican Constitution in 2011 since it seeks to provide amparo judges and......
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Martínez Algaba de Haro y Curiel | Mexico | 1 Feb 2022

Principle of substance over form

The Supreme Court recently issued a jurisprudential criterion regarding the principle of substance over form, which must be applied by all authorities in the resolution of materially jurisdictional proceedings. The principle of substance over form obliges all authorities with materially jurisdictional powers in Mexico to privilege the substantive resolution of conflicts submitted to their......
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Martínez Algaba de Haro y Curiel | Mexico | 30 Nov 2021

Restraining orders against defendants as a provisional remedy under Commercial Code

When a plaintiff requested a restraining order that would prohibit the defendant from leaving the Third Collegiate Court of the Fourth Circuit's jurisdiction, the Court determined that there was insufficient evidence to prove that the defendant had intended to hide or be absent from court proceedings. This ruling derives from a systematic interpretation of the provisional remedy chapter of......
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