The First Chamber of the Supreme Court of Justice of the Nation (SCJN) has ruled in favor of Nacional Financiera (Nafin), allowing it to proceed with a lawsuit against the companies of the Grupo México and Acciona Infrastructure consortium. Nafin is seeking compensation related to the Maya Train project. The Chamber unanimously issued a jurisprudence, interpreting Article 17 of the constitution, which states that parties are free to cancel an arbitration clause, either expressly or tacitly. Judges cannot compel them to follow an arbitration process or alternative dispute resolution mechanism.
Nafin, acting as trustee of the National Fund for the Promotion of Tourism (Fonatur), is seeking compensation for illegitimate enrichment, payment of default interest, and trial expenses and costs. The companies Nafin plans to sue are Desarrollo del Sureste Playa del Carmen Tulum, Acciona Infraestructuras México, México Compañía Constructora, and México Proyectos y Desarrollos.
According to court records, Nafin initially sued these companies on October 3, 2023, through the federal civil ordinary route. However, the Second District Court in Civil Matters in Mexico City declared lack of legal jurisdiction. Nafin appealed this decision, but the Second Collegiate Tribunal of Appeal in Civil, Administrative and Specialized Matters in Economic Competition, Broadcasting and Telecommunications of the First Circuit, upheld the original ruling.
Nafin then sought direct protection, but the Thirteenth Collegiate Court in Civil Matters of the First Circuit refused to grant it. This led to the case reaching the Supreme Court. In his report, Minister Juan Luis González Alcántara Carrancá noted that this case presented a unique opportunity to establish a mandatory criterion on the correct direct interpretation of Article 17 of the Constitution.
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