Generally Mexicans are very worried about potential liabilities in the U.S. and the possibility that they may be sued in the U.S. court system. The disadvantages of cross border litigation have led to an increase in the use arbitration for private disputes. However, mediation is often structured as conciliation in Mexico with different procedures and goals than those of U.S. mediation. Usually arbitration is handled institutionally rather than ad hoc. U.S. businesspersons often try to use the American Arbitration Association with its new International Arbitration Rules.
Most parties opt for their own country and city as the site of arbitration.
Recent changes to the Mexican statutes on arbitration have solved many procedural problems that occurred in arbitrations held in Mexico, so more U.S. businesspersons are willing to accept Mexico as a site for arbitration. It is critical that alternative dispute resolution methods be encouraged instead of litigation. Intergovernmental Disputes and Trade Disputes. C. Arbitration options available. D. Procedural requirements for claim submission.