Whether the Mexican trial known as amparo may be a constitutional impediment to enforce an arbitral award.

摘要

The purpose of this thesis to analyze the problems caused in Mexico by the lack of regulations of the New York Convention, related to the requirement of arbitrators to issue a reasoned arbitral award or, more specifically, a founded and motivated arbitral award (fundado y motivado).;The Mexican Constitution establishes the obligation to found and motivate every act of authority, including judicial decisions. This obligation has been a vital protection to people's rights and liberties in Mexico against illegal acts from the authorities. Unfortunately, the New York Convention does not obligate arbitrators to reason the awards.;This situation may generate a conflict of law within the Mexican legal system, that is, between the Constitution and the application of the New York Convention. The constitutional norm which establishes the obligation to found and motivate arbitral awards is considered as an imperious norm (mandatory norm); therefore, it should not be ignored and cannot be waived by the parties.;The Constitution is unanimously considered by Mexican doctrine and, more importantly, by the Mexican Supreme Court of Justice, as the Supreme Law in the Mexican legal system where no laws, including international treaties, are allowed to contradict the principles and fundamental rights granted by such Supreme Law. The amparo suit, or constitutional injunction suit, is a specific legal figure created to impede or to bar any act or law considered unconstitutional.;The purpose of this research is to analyzed the possibility to set aside an arbitral award for lack of reasoning (lack of foundation and motivation), by the federal court in Mexico through the amparo trial arguing the unconstitutionality act of a judge that try to enforce an unreasoned arbitral award.;The issue at hand is whether federal courts in Mexico can properly set aside an award through an amparo suit, although acting in accordance with the international legal system especially without breaching Mexico's obligations under the VCLT. Considering that the Article V (II) (b) of the New York Convention may provide with the public policy exception a way out.