1E9Ct5D

In order for a Mexican judge to be able to order the imposition of precautionary measuresit is necessary for the person that requests it to demonstrate the right to request itand the need for the measure.In relation to the existence of the right to request the measure, the petitioner must onlyshow the appearance of having a substantive right to exercise against the other party. Itis not necessary to fully prove its validity and existence, since that will be addressed inthe arbitral proceeding.The need for the measure, as was already mentioned in relation to civil and commercialproceedings, is shown: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;c) When there is a well-founded fear that the debtor, in the case of personal actions,will hide or sell the only assets he or she possesses over which the application ofthe measure has been requested.In relation to the request for provisional or precautionary measures, it should be mentionedthat when judicial intervention is requested, the first instance federal judge or thelocal judge of the place where the arbitration takes place will be competent to hear it.Apart from the above, it is provided that the arbitral tribunal itself may, once formedand the arbitration initiated, and at the request of one of the parties, order the adoptionof the necessary provisional remedies with respect to the object in dispute. In addition, itmay require from either of the parties a sufficient guarantee in relation to this measure.The guarantee may consist of a bond and shall guarantee the damages and losses thatcould be caused to the respondent; its amount will be set at the discretion of the judge.With regard to the provisional remedies adopted by the arbitral tribunal, it is subjectto debate whether the tribunal can order provisional remedies different from those listedin the Mexican Law on Judicial Courts (Ley Mexicana para los Tribunales Judiciales) orif it has greater discretion in this respect.353Dispute Resolution5.9. Arbitral AwardThe arbitration proceeding will terminate by final award, unless:a) The claimant withdraws its claim, unless the respondent justifiably requests thatthe dispute be definitively resolved;b) The parties agree to terminate the tribunal proceeding;c) The tribunal proves that the prosecution of the proceeding is unnecessary orimpossible.