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Archive for September, 2013

Sutherland partner featured in story on energy companies doing business in Mexico

Posted on: September 17th, 2013

Sutherland partner Steven L. Roberts was quoted recently in the Houston Business Journal in an article about the challenges for energy companies dealing with the legal system in Mexico.

The energy industry is anxiously waiting to see what types of reforms Mexico’s new president might support. Roberts notes that country’s legal system has some significant differences that must be navigated.

“It’s almost required to have a Mexican national agent,” Roberts told the HBJ. Also key is writing arbitration into the contract.

While some might think the U.S. system is a free-for-all at times, it’s a rule-driven methodical process compared to litigation in Mexico, says Roberts. “You want to be in the arbitration situation when at all possible.”

The legal system in Mexico isn’t based on common law practices as it is in the U.S. That can mean that a case that might be a simple commercial dispute in this country could wind up in criminal territory in Mexico, he says.

The full article, “Complex Mexican legal system can challenge foreign energy companies,” is here (subscription required):

http://www.bizjournals.com/houston/blog/drilling-down/2013/09/complex-mexican-legal-system-can.html