1E9Ct5D

It has been established as a general rule relative to the jurisdiction of a claim that itmust be filed before the court of the domicile of the defendant. This rule is applied bothto individuals and to entities. It is also accepted that the parties can consent to choosinga different jurisdiction, which can be recorded in a contract.4.2. Processing TimeThe time for processing a civil or commercial proceeding is between one and five years,depending on the complexity of the matter, the procedural strategy of the parties, andthe workload of the courts. Normally, when multiple procedural appeals are pursued thetime is prolonged.4.3. Provisional Precautionary Measures340C H A P T E R X X I IIt is important to mention that under Mexican law precautionary measures are limitedto those set forth in the law, consisting of the provisional seizure of assets and the arrestof persons, and therefore in principle, no other type of provisional measure is legally recognized.As an exception, in commercial matters the judge can suspend the execution of the resolutionsadopted in general shareholder meetings, provided the shareholders representing33 percent of the capital stock judicially challenge the resolutions and grant an adequatebond to cover the damages and losses that could be caused to the company by the failure toexecute such resolutions, in the event the decision declares the challenge to be unfounded.In general terms, in order for a Mexican judge to be able to order precautionary measures,the person requesting them must show his/her right to request them and the needfor the measures.The right to request the provisional measure once a judicial proceeding has begun isevidenced before the judge with the simple existence of the action filed against the personwith respect to which the precautionary measure is requested. It is also requiredthat a guarantee be presented to cover the damages and losses that could be caused bythe measure.With regard to the need for the measure, it must be shown that there are sufficientreasons to justify the precautionary measure. In this regard, both Article 1168 of theCommerce Code and Mexican court precedent have established the following as validreasons:a) When there is a well-founded fear that the person against whom a claim will befiled or has been filed will disappear or hide;b) When there is a well-founded fear that the assets on which an in rem action will beexercised will be hidden or lost;