12. According to Mexico's basic rules on jurisdiction, when will it be considered that a foreign Judge has proper jurisdiction to decide upon a claim, such as to consider a following resolution as valid and enforceable in Mexico?

According to the Federal Code of Civil Procedure (FCCP) -which most States' Codes have followed, proper venue will be recognized to a foreign court such as to enforce its judgments, when rules on jurisdiction taken into account are compatible with those requested for in Mexico. These are the following:

1) Forum selection clauses will be valid and enforceable if there is no actual obstacle or denial of justice, considering the circumstances involved and its relations among parties;

2) Forum selection clauses will not be valid when the right to select a forum works exclusively in favor of one of the parties;

3) If there is no forum selection clause, territorial jurisdiction is conferred to the court of either:

a) The place designated by the defendant to be notified or summoned for an action or requirement for contract enforcement;
b) The place where the fulfillment of the obligation in a contract was agreed to; and
c) The address or place of residence of the defendant.

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