The arbitration involving Grupo Radio Centro and Monitor is one of the most significant alternative dispute resolution cases in Mexico's history. Recently, the First Chamber of the Supreme Court resolved not to grant an motion for judicial review that would have annulled the disputed arbitral award. In reaching its conclusion, it conducted a thorough inquiry into the status and nature of arbitration.
In ruling on a judicial review claim, the First Chamber of the Supreme Court of Justice has interpreted several fundamental aspects of arbitration. However, on many points the rationale on which the court relied is inconsistent with applicable doctrine and legislation; as such, it has confused rather than clarified issues that lie at the heart of arbitration's processes and philosophy.
Including: Sources of law; Arbitral agreements; International or domestic arbitration?; Institutional or ad hoc arbitration?; Institutions; Recognition, enforcement and annulment; Arbitration and amparo; Recent legislative changes.