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On June 6, 2025, the First Chamber of the Supreme Court of Justice of the Nation (SCJN) published the judicial precedent 1a./J. 93/2025 (11th)1, ruling the unconstitutionality of express submission clauses to foreign jurisdiction (the "Clauses") in adhesion contracts used by companies offering services in Mexico through digital platforms.
From a general perspective, through these Clauses, the parties to a contract waive their right to be judged by domestic courts with jurisdiction in the place where such contract is executed by law.2 Consequently, the parties determine as competent courts to resolve any controversy those located in the domicile of either one of the parties, the place where any of the contractual obligations must be complied with, the location of the object of the contract, or a third domicile as may best serve their own interests.3
In this regard, the SCJN, upon hearing a case arising from the website user´s disagreement and whose website´s terms and conditions required submission to foreign courts, determined that such Clauses violate the right of access to justice. It was noted that, according to Articles 149 and 151 of the Civil Procedures Code of Mexico City, the acceptance of a foreign court’s jurisdiction must operate under equitable conditions and cannot be used to impose undue procedural disadvantages on one of the parties, particularly in unequal contractual relationships. Therefore, the SCJN indicated that the mere use of a website or the acceptance of online terms and conditions by users does not constitute valid consent to submit to foreign jurisdiction, especially when there are no equitable conditions or individualized negotiation as in adhesion contracts.
Companies that provide services in Mexico, even through digital platforms, must review the jurisdiction and competence clauses contained in their adhesion contracts, verifying their compliance with the new Key Judicial Precedent. This is because the inclusion of clauses that impose the filing of a lawsuit before foreign courts will be considered unconstitutional by Mexican courts under this new SCJN’s precedent.
If you require additional information regarding the content of this EY Law Flash, please contact our team of professionals:
Carina Barrera Cota
Maciel Salazar