Comparative Guides

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4. Results: Answers
Enforcement of Foreign Judgments
4.
Defences
4.1
On what grounds can the defendant challenge recognition and enforcement of a foreign judgment?
Mexico

Answer ... Recognition and enforcement of a foreign judgment may be challenged on the following grounds:

  • The formalities established in the Code of Civil Procedure for letters rogatory were not met.
  • The foreign judgment was issued in an in rem action.
  • The judge or tribunal that issued the judgment was not competent to issue the judgment under international laws that are accepted and adopted by the Code of Civil Procedure. This is considered to be the case where the parties have expressly agreed that the Mexican courts are competent to hear disputes.
  • The defendant was not personally notified or served, and was thus denied the right to be heard and defended.
  • The foreign judgment is not res judicata in the country where it was issued or there is still some ordinary recourse against the foreign judgment.
  • A cause of action between the same parties was first brought before the Mexican courts and is still pending; the letter rogatory to serve summons was given to the secretary of foreign affairs or to any authority of the state where summons should be served; or a final judgment has already been issued by Mexican courts in the same cause of action.
  • Recognition and enforcement would be contrary to Mexican public policy.
  • The documents submitted are not authentic.
  • The defendant can prove that in the country where the judgment was issued, judgments and awards issued by foreign authorities are not recognised and executed in similar cases.

For more information about this answer please contact: Miguel A. Hernandez Romo Valencia from Foley Gardere Arena
4.2
What is the limitation period for filing a challenge?
Mexico

Answer ... The defendant has nine days after being served to file a challenge.

For more information about this answer please contact: Miguel A. Hernandez Romo Valencia from Foley Gardere Arena
4.3
Can the defendant seek injunctive relief to prevent enforcement while a challenge is pending?
Mexico

Answer ... Yes, the defendant can seek injunctive relief to prevent enforcement while a challenge is pending.

For more information about this answer please contact: Miguel A. Hernandez Romo Valencia from Foley Gardere Arena
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Enforcement of Foreign Judgments