Litigation

TCF has a contentious and dispute resolution area, which includes professionals with more than twenty-five years of experience. As a first alternative aimed at avoiding litigation, displacing it as a last alternative, TCF offers and develops a strategy of Prevention and Solution of Disputes, with emphasis on prevention methods, through various mechanisms, among others, the following:

• • TCF has a contentious and dispute resolution area, which includes professionals with more than twenty-five years of experience. As a first alternative aimed at avoiding litigation, displacing it as a last alternative, TCF offers and develops a strategy of Prevention and Solution of Disputes, with emphasis on prevention methods, through various mechanisms, among others, the following:
• • Face-to-face and remote lectures and conferences addressed to the clients' personnel involved in the areas of credit, guarantees and collection.
• • Review and/or implementation of Procedures Manuals that allow to control and avoid harmful situations in the internal processes and to improve aspects in the granting of the credits and in the collection processes.
• • Negotiation and out-of-court collection strategies and actions, including formal requirements with the intervention of a Notary Public.
• • Disclose the Alternative Means of Solution of Disputes that are provided for in the legislation, to choose the best option to solve a controversy

Given the current need to have alternative means of resolving disputes that are transparent, reliable and expedite and in order to avoid protracted litigation, TCF provides advice that allows its clients to benefit from the advantages offered by these alternative mechanisms, such as Arbitration, Mediation, Negotiation and Conciliation.

In this matter, TCF represents its clients and advises them in commercial arbitration proceedings, including those that are heard before the International Chamber of Commerce (CCI), the National Chamber of Commerce of Mexico City (CANACO), the Arbitration Center of Mexico (CAM), the Arbitration and Commercial Mediation Center for the Americas (CAMCA), and other arbitration administration institutions, such as the American Arbitration Association (AAA) and the Inter-American Commercial Arbitration Commission (CIAC), and in dispute resolution procedures initiated in accordance with Chapter XI of the North American Free Trade Agreement, including public entities such as the National Commission for the Protection and Defense of Users of Financial Services (CONDUSEF). Likewise, TCF represents its clients in enforcement proceedings and annulment of arbitration awards before the Mexican judicial authorities.

Furthermore, TCF looks after and defends the interests of its clients before administrative and judicial instances in matters of civil, commercial and administrative nature, determining, through the study and previous analysis in each case, the most convenient strategy to bring actions or, as the case may be, to assert exceptions and defenses, through the implementation and/or follow-up of the various instances, procedures and means of recourse, including the action for relief and the contentious administrative proceeding, having obtained favorable resolutions for its clients in the vast majority of cases. In this area, the following services are provided:

• • Bankruptcy matters. (such as the conclusion and fulfillment of commercial transactions with companies subject to a bankruptcy proceeding; acknowledgment and determination of the degree and priority of credits, separation of assets within the insolvency proceedings; preparation, approval and execution of insolvency agreements; sale and acquisition of assets of bankrupt companies; Acknowledgment and enforcement of guarantees).
• • Handling of voluntary jurisdiction matters.
• • Processing of special foreclosure suits.
• • Processing of real estate lease disputes.
• • Handling of Proceedings and Lawsuits in Real Estate Matters (Investigation of Real Estate in Public Registries of Property; Survey and Boundaries Marking Proceedings; Actions for recovery, possessory action and injunction; Judicial first registration of land; Usufruct and Easements, Joint Ownership and Condominium Property Regime; Adverse posssession; among others)
• • Insurance and bonds lawsuits.
• • Intellectual property contested trials.
• • Litigation and enforcement of guarantees.
• • Procedures and formalities before the Federal Consumer Protection Agency.
• • Actions for Relief.
• • Local and Federal administrative remedies, means of recourse and contentious porceedings.
• • Proceedings before the CONDUSEF.
• • Mediation and Arbitration.