Declaración de Principios (English)
DECLARATION OF PRINCIPLES OF THE COMMERCIAL MEDIATION AND ARBITRATION COMMISSION OF THE MEXICO CITY NATIONAL CHAMBER OF COMMERCE Imprimir E-Mail
The decisions of the Commercial Mediation and Arbitration Commission and of its Consultant Committee, the performance of the Secretary General, and the Rules, are based on the believe that Commercial Arbitration must not only be a legal battle but an honest investigation done by foreseeing individuals under the light of the principles of good faith and the practices of the business involved. This investigation has the purpose of understanding the parties’ stipulations when the contract was signed or at the moment they entered into a relation, including possible modifications of the original contract agreed upon the parties, the way the contract was executed, the legitimate expectations of the parties and the causes of the dispute. With such knowledge, the arbitral tribunal must issue a final and binding award or awards, thus giving a reasonable and fair solution, not legalist, to the matters submitted to the tribunal. Properly applied the principles of any legal system, unless they are too primitive or ideologically distorted, will necessarily conduct to the same conclusions.

The Commission, the Consultant Committee, and the Secretary General believe the essence of their functions is to be careful that the mediation and arbitration proceedings, end in transactions or binding awards, susceptible of being recognized by judges and authorities as valid, constraining and executable, specially in the jurisdiction or jurisdictions in which it is most likely that the sentence will be executed. Nonetheless, in the compliment of these functions, the Commission, the Secretary General and the arbitral tribunals must take into account the need for a rapid solution of the dispute avoiding high or unnecessary expenses by the parties, which will always maintain a relation to the complexity and the amount of the dispute.
 
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