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d) Personal and commercial bankruptcy;e) Labor disputes; 1f) Territorial resources and waters within Mexican territory;g) Resources within the exclusive economic zone of the sea.346C H A P T E R X X I IIn short, conflicts related to civil and commercial private law questions can be submittedto arbitration, while questions regarding unwaivable rights cannot be submittedto this method of dispute resolution.In Mexico, the power to legislate in commercial matters belongs to the federal governmentand civil matters are reserved to the states of the Republic. In this respect, theFederal Congress has issued commercial laws that include rules of arbitration and thestate congresses have issued, within their scope of competency, arbitration rules that areincluded in the local civil procedures codes.Although there is no article that defines when a dispute is civil in nature, it can bedefined by the exclusion of commercial disputes. Thus, it will be a civil arbitration whenthe dispute does not involve a commercial act or a relationship in which one of the partiesis a merchant (or a business entity).In both civil and commercial matters arbitrations can be presented in a local or internationalcontext, although international civil arbitration is practically nonexistent andeven in the national context its application is very limited. In this regard we can statethat practically all disputes between private parties that are economically significant arecommercial, and therefore civil arbitration is rarely applied. Furthermore, as has alreadybeen mentioned, in civil matters there is a restriction on arbitrating matters related tothe right to alimony, divorce, actions annulling marriage and, in general, those mattersconcerning the civil status of persons.Commercial arbitration is international when the parties, at the time of executing thearbitral agreement, have their residences in different countries, or when the performanceof a substantial part of the obligations of the commercial relationship or the place withwhich the object under litigation has a closer relationship is located outside of the countryin which the parties reside. By elimination, when none of these circumstances of foreigncontact exist, the arbitration will be national.Moreover, the legal regulation of international commercial arbitration in effect in ourcountry can be found in several legal instruments, both national and international. Thethree basic sources of law on arbitration in Mexico are (a) international law, (b) internallaw, and (c) the rules of Ius Mercatorum.__________1There has recently been a trend to attempt to include individual labor disputes among the matters that canbe subject to arbitration.

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