1E9Ct5D

if the seat of the arbitration was Mexico, it is provided that arbitral awards can be annulledby a judge when the party filing the action proves that:a) One of the parties to the arbitration agreement is affected by some legal incapacity,or that such agreement is invalid by virtue of the law to which the parties havesubmitted it, or Mexican law;b) It was not duly notified of the appointment of an arbitrator or of the arbitrationproceedings, or has not been able, for whatever reason, to assert its rights;c) The award refers to a dispute not contemplated in the arbitration agreement orcontains decisions that exceed the terms of the arbitration agreement;d) The composition of the arbitral tribunal or the arbitral proceeding does not complywith the agreement executed by the parties; or when the judge proves thate) Under Mexican law the object in dispute cannot be subjected to arbitration or thatthe award is contrary to public order.356C H A P T E R X X I IThe petition for nullification must be filed within three months from the date of notificationof the award. Thereafter, the judge may suspend the nullification proceedingswhen appropriate, and so requested by one of the parties, for the term he or she determinesin order to give the arbitral tribunal the opportunity to restart the arbitral proceedingsor adopt any other measure that in his or her judgment would eliminate thereasons for the nullification petition.The nullification proceeding will be an ancillary proceeding. According to suchproceeding, once it is filed, the judge will order notice to be given to the other partieswith three days to respond. Once such period has passed, if the parties did notfile evidence and the court does not consider it necessary, the parties will be summonedto a hearing within the following three days, which will be held whether theparties attend or not.If the parties have offered evidence, an evidentiary period of 10 days is opened andthereafter the hearing is held. Within the next five days the court will issue its decision,which cannot be appealed.6. Recognition and Enforcement of Arbitral AwardsIn Mexico an arbitral award, from whatever country has issued it, will be recognizedas binding, and after the presentation of a written petition to a judge, it will beenforced.When the place of the arbitration is outside of Mexican territory, the first instance federaljudge or the competent local judge of the domicile of the person against whom theaward is executed or the location of the goods, will hear the recognition and enforcementof the award.