Litigation and arbitration are the two most common mechanisms to resolve disagreements and disputes between parties.

 

  In litigation, the parties present a dispute or disagreement to a judge or a magistrate who adjudicates the matter and delivers a decision. Arbitration, on the other hand, is a form of Alternative Dispute Resolution (ADR) where the parties appoint a third party to adjudicate the matter and deliver a decision.

 

 Estudio Legal Bernal has more than 30 years of collective experience acting for litigants in both litigation and arbitration proceedings. ELB acts in disputes between private individuals, between corporates and between private individuals and corporates. In every case ELB exhausts every possible avenue in order to fulfil the objectives of its clients and effectively resolve the disagreement or dispute.

 

  Estudio Legal Bernal specialises in three core areas of litigation and dispute resolution: (i) Civil litigation. Disputes that are adjudicated in the civil courts that include those that do not arise out of a commercial relationship (ii) Commercial Litigation. Disputes that are adjudicated in the commercial courts and arise out of a commercial relationship. (iii) Arbitration and Foreign Investment disputes. Alternative Dispute Resolution proceedings where one or more appointed adjudicators decide on a dispute.

 

Civil Litigation

 

  Estudio Legal Bernal can act in a broad variety of civil litigation areas and matters including:

• Validation, interpretation, affirmation, rescission and execution of contracts;

• Real Estate;

• Civil liability;

• Damages;

• Mortgages, guarantees and security;

• Provision of services; and

• Succession.

 

Commercial Litigation

 

  Estudio Legal Bernal can act in complex commercial matters and disputes including:

• Validation, interpretation, affirmation, rescission and execution of commercial contracts;

• Shareholder disputes and disagreements;

• Legal titles and credit operations;

• Enforcement and execution of Trusts;

• Execution of Pledges; and

• Commercial insolvency, administration and bankruptcy.

 

Arbitration and Foreign Investment disputes

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  The experts at Estudio Legal Bernal can be instructed as counsel representing the parties in an arbitration or as arbitrators that will adjudicate the matter between the parties. ELB has expertise in many different arbitral proceedings and matters:

• Institutional and ad-hoc arbitrations;

• Arbitrations that relate to private or public, national or international, commercial or civil matters;

• Execution or annulment of arbitral awards;

• Interim awards granted by arbitral or judicial institutions;

• Mediation and Conciliation;

• Protection of foreign investments. In Mexico there are specialist arbitral proceedings that specialise in adjudicating disputes that arise out of foreign investments.