Ajamie Structures Multimillion Dollar Mexico/USA Cross-Border Settlement

Oct 2012

The Ajamie legal team designed and negotiated a global resolution of multi-jurisdictional disputes in the United States and Mexico involving over 35 corporate entities and individuals and 40 civil proceedings in federal and state court in the U.S., in federal and state court in Mexico, and in civil arbitration proceedings before CANACO in Mexico. Our efforts included the negotiation and preparation of bilingual settlement terms addressing principles of res judicata, collateral estoppel, and enforcement under the legal systems of the U.S. and Mexico at the federal and state level. We were required to analyze and resolve multiple substantive issues involving the legal systems of both nations, including contract interpretation and enforcement under U.S. and Mexican law, contractual and tort (statutory misconduct) liability under U.S. and Mexican law, as well as the prosecution of civil RICO claims in the U.S. based upon damages arising from the improper criminalization of commercial civil disputes. We analyzed the application and interpretation of Mexican federal civil code concepts of property ownership, federal constitutional rights under the laws of Mexico, the application of the Inter-American Service Convention and Additional Protocol, the enforcement of Mexican arbitration awards in the United States under the New York Convention (the Convention on the Recognition and Enforcement of Foreign Arbitral Awards), the enforcement of Mexican civil judgments in the U.S., and the enforcement of U.S. civil judgments in Mexico.