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Article
ARBITRATION OF MEXICAN TRUST DISPUTES: A COUPLE MADE FOR EACH OTHER?
University of Miami International and Comparative Law Journal
(2015)
Abstract
In this article, the authors provide a compressive analysis on the legal compatibility of the Mexican trust with the UNCITRAL Model Law on International Commercial Arbitration. The authors submit that the contractual nature of the Mexican trust relieves any arbitration agreement from the jurisdictional challenge most frequently faced by arbitral tribunals dealing with Anglo-American trust claims in common law jurisdictions. The authors discuss several issues that are common to trust disputes such as the participation of non-signatories, multiple parties and minors or incapacitated persons, arbitrability and mandatory rules of law, concluding that modern arbitration laws and institutional rules are well equipped with tools to address such issues and that careful design of arbitration clauses can enhance further the efficiency of the process in most cases.
Keywords
- Trusts law,
- Arbitration,
- International Arbitration,
- Mexican Trusts Law,
- UNCITRAL Model Law,
- Arbitrability of Trust claims,
- Mexican Arbitraion Law,
- Comparative Law
Disciplines
Publication Date
Fall December 1, 2015
Citation Information
Edgardo Muñoz and Sofia Llamas. "ARBITRATION OF MEXICAN TRUST DISPUTES: A COUPLE MADE FOR EACH OTHER?" University of Miami International and Comparative Law Journal Vol. 31 Iss. 1 (2015) p. 2 - 84 Available at: http://works.bepress.com/edgardo_munoz/18/