Avizoran lawsuits in sector


While the Mexican Government negotiated to include in the T-MEC that the country maintains sovereignty of its energy resources, the agreement also ensures the protection of the parties' investments, providing good regulatory practices as well as non-discriminatory treatment.

In this sense, any action taken that goes against the rules arising from energy reform can be appealed by investors to international courts, according to experts.

Marcial Díaz, partner of Lexoil Consultores, assured that the actions taken by the Government to privilege Pemex and CFE will lead to disputes in international courts, where companies state that there are no conditions of respect for the rule of law in Mexico.

"Different groups have called for respect for the rule of law, legal certainty to those who are already in place, and for their businesses to be respected under an existing regulatory framework," he said.

Diaz assured that one way to avoid this would be to address the commitment made to the T-MEC on non-discriminatory treatment.

"Private is not the enemy, it is an ally, " he said.

Ivan Alemán, partner of the firm A&S lawyers, added that the actions taken by the current administration go against the T-MEC, which could even lead to a scareback to investment.

"There is certainly concern, the letters themselves state it, the public policy of the current administration, which translates into a legal order or a rule, is not consistent with the T-MEC."

"That, thinking that there is a confidence to continue, because companies will also be able to analyze the cost of departure at any given time will involve negotiations, depending on the type of project," he said.

It also considered that there is a paradox among the actions taken by the Government in its energy policy, because while foreign firms have the mechanisms offered by the T-MEC, domestic investors are left unprotected.


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