English Abstract

This article discusses the problem of the growing non-arbitrability of certain acts of Mexican state companies in public contracts and the elements contributing to this trend. Initially, the Supreme Court of Justice of the Nation (Suprema Corte de Justicia de la Nación) established a definition to consider certain acts by state companies as acts of authority in order to benefit the contractor with the constitutional injunction (“amparo�) against such acts of authority. However, turning an acta iure gestionis into an acta iure imperii makes it non-arbitrable, at least, as regards ...