The judicial reform that the current regime is implementing, with the controversial election by popular vote of the Magistrates of the Supreme Court of Justice and other federal judges, poses challenges and opportunities for companies regarding the administration of justice and legal certainty. Although the official narrative aims to expedite and increase transparency in the exercise of the courts by eliminating corruption, the lack of an increase in courts, personnel, and resources could hinder an impartial and transparent resolution of litigations.
According to the firm Mijares, Angoitia, Cortés, and Fuentes, the judicial reform could impact predictability in dispute resolution, especially in cases involving government entities and complex situations requiring high technical and legal knowledge. The arrival of new magistrates without merit and experience criteria, along with the threat of punishments from a politicized disciplinary court, raises serious concerns.
The creation of the Disciplinary Tribunal of the judiciary, while it could contribute to transparency and honesty in judicial decisions, could also be used to influence resolutions in favor of the Government to the detriment of companies and other actors. The reduction of magistrates in the Supreme Court of Justice of the Nation and the elimination of certain chambers could cause delays in the resolution of serious litigations and more legal uncertainty.
In light of this situation, it is crucial for companies to adopt a risk management and mitigation approach, evaluating proactive strategies to avoid legal disputes. It is suggested to review contracts and include clauses for conflict resolution through alternative means such as mediation, conciliation, and arbitration. Strengthening compliance policies and ensuring adherence to local and international laws becomes a priority, with the goal of preventing the need to go to court.
Ultimately, companies must prepare for this new legal scenario, prioritizing beneficial agreements over harmful legal disputes.
