In a global market of fierce competition and constant legislative amendments that demands greater enforcement of rights and obligations, as well as more severe consequences for non-compliance; possible conflicts arise in both number and complexity. In this context, companies are increasingly facing risks and challenges when doing business locally and internationally.

Our Civil and Commercial Dispute Resolution practice provides effective legal counsel to address and successfully resolve potential or current controversies and differences through different approaches in an effective and responsive manner, both from an economic and a commercial point of view. We explore all available options in order to provide the most appropriate solution to help our clients achieve their business objectives, whether by contentious prevention advice, mediation, commercial arbitration, pursuing and defending litigations strategies, or other alternative dispute resolution mechanisms.

At Arochi & Lindner we assume the procedural burden and work untiringly to defend our client’s interests providing a personalized follow-up to each case and clearly and immediately providing information as to the status of each matter. Our team of experienced trial lawyers are characterized by their responsiveness to the needs of our clients and also for taking on our utmost commitment during the whole process, resulting in a trusted partnership that give our clients the certainty that they are going to obtain the best possible solution to their problems.

Many foreign companies have experience doing business in Mexico, but few of them have experience in civil litigation in Mexican Courts. Our skilled Mexican civil litigation attorneys have years of experience helping clients navigate through the oftentimes-complicated Mexican legal system.

The Mexican judicial system is divided into federal and local courts. The local courts hear civil cases involving private entities, whereas the federal courts hear civil cases involving one or more public entities. Local or federal courts can hear commercial cases, at the election of the plaintiff, unless the case involves a public entity in which case a federal court must hear it.

The Constitution and the international treaties signed by Mexico provide an effective legal basis that guarantees equal treatment to all individuals and corporations established in Mexico, as a basis for challenging judicial decisions concerning fundamental rights. Mexican laws recognize a comprehensive system for ordinary legal remedies to challenge every decision taken throughout a case, as well as an extraordinary legal remedy – the amparo –, which allows parties to submit their case to a federal court when they believe that a judicial decision has detrimentally infringed upon their fundamental rights.

The Mexican legal system has been evolving over the years. Although today it is characterized by strong civil and commercial procedural laws that result in more reasonable legal proceedings in terms of allowing the contesting parties to present their case, offer evidence to demonstrate their position and file their final pleadings; litigation is still costly and the process can stretch several years in length.

In this context, our Mexican civil litigation attorneys provide advise on early negotiation, and other alternative mechanisms for dispute resolution, such as arbitration procedures before various institutions such as the National Copyright Institute (INDAUTOR), the National Chamber of Commerce of Mexico City (CANACO), the International Chamber of Commerce (ICC), the International Center for Dispute Resolution (ICDR) of the American Arbitration Association (AAA) and the Dispute Resolution Center Mexico-United States (CRC). If litigation is necessary, we provide legal representation in civil as well as commercial ordinary and summary proceedings, including harm and damage claims in all its instances and writs of amparo.

Our lawyers in Barcelona and Madrid are specialists in civil and commercial litigation. Their extensive experience allows them to advise clients on the best strategy to defend their interests in the conflicts or transactions they may have in Spain and the best way to resolve them, including alternative dispute resolution procedures such as mediation or arbitration.

The Spanish judicial system is complex and is made up of different Courts and Tribunals determined by law depending on the territory, the subject matter, the amount in dispute and the parties. There are also numerous rules and procedures which emanate directly from EU which also have a direct effect in the Spanish legal procedure.

The Spanish judicial system follows the so-called continental system. That means that judges decide mainly on the basis of rules previously set out in legal texts, regardless of the importance and weight that case law precedents always have.