They Anticipate International Lawsuits Because of Decree
Energy Partner Claudio Rodríguez and International Trade Partner Carlos Véjar were cited in an article published by Reforma about a presidential decree that gives discriminatory treatment to private projects compared to those prioritized by the government. Mr. Rodríguez explained that the decree does not make clear whether a governmental project should comply with the requirements that the regulator applies to private projects, making the treatment discriminatory.
"It does not say whether the project has to comply or not with the requirements that the regulator would give to others. It is an unequal treatment according to free trade agreements," he remarked.
Mr. Véjar added that it is possible that the decree will give rise to international lawsuits.
"There are clear rules in the commercial agreements signed by Mexico that address these types of issues, so if these designations are affected by the interests of individuals, possible protection lawsuits and international claims of our commercial partners cannot be ruled out," he said.