Mexico’s 2025 Judicial Elections and Dispute Resolution

Overview

On 1 June 2025, Mexico held its first-ever nationwide elections to appoint of 2,681 national and local judges by popular vote. This unprecedented process was marked by low voter turnout, a high rate of invalid ballots, and questions about the newly constituted Supreme Court.

Low Voter Participation and Invalid Ballots

The National Electoral Institute reported that only 13% of eligible voters participated in the election. According to the Organization of American States, this turnout is among the lowest ever recorded for an electoral process in Latin America. This turnout was also substantially lower than the 60.9% turnout in the 2024 general elections.

In addition, approximately 12% of the votes that were cast were blank or otherwise rendered void. The lack of public interest in the process has been blamed on confusion regarding the voting procedure, a lack of information regarding the candidates, and doubts as to the legitimacy of the results.

The Newly Elected Supreme Court

The judges who were elected to the Mexican Supreme Court are known to have close ties to the executive branch and MORENA, the party of President Sheinbaum. The Executive Branch committee nominated six out of the nine justices who were elected, and three of those six were already part of the Supreme Court, having been appointed by former President Andrés Manuel López Obrador.

The nine candidates who received the highest number of votes were elected to the Supreme Court. No candidate, including the newly elected President of the Court, received more than 5% of the votes cast. Given the judges’ connections to the executive branch and MORENA as well as concerns regarding the legitimacy of the electoral process, it remains to be seen whether the Mexican judiciary will continue to act as part of an effective system of checks and balances with the Mexican executive and legislative branches.

Impact on Dispute Resolution Options

Against this backdrop, the Organization of American States and other international observers have recommended a review of the election procedure, the adoption of measures to improve public awareness and transparency of the elections and to preserve the independence of elected judges.

In the meantime, investors who historically relied on the Mexican Courts to resolve their disputes with local parties, and with the Mexican state, are considering how these changes to the judiciary will impact their dispute resolution options and protections in key agreements. They will want to ensure that existing options remain fit for purpose in this new era, where the newly elected Mexican judiciary has not yet been put to test.

Questions Investors Should Consider

Whatever the result of the analysis, investors will find more success if they negotiate amendments to their contractual dispute resolution provisions well before any disputes arise, and once the new configuration of the Mexican court has been tested.

The questions worth considering when conducting any assessment include: (i) whether to opt for arbitration instead of litigation before the Mexican courts; (ii) if so, whether arbitrations should be seated in Mexico or abroad; (iii) if abroad, in which jurisdiction; (iv) whether existing investments benefit from treaty protection; and (v) if not, whether such protection can be obtained.