Contractual forum clauses do not determine which court hears an amparo
Territorial jurisdiction in amparo proceedings. It is governed by the rules of the Amparo Law and not by forum-selection clauses agreed between the parties.
Official heading (Spanish): COMPETENCIA POR RAZÓN DE TERRITORIO EN EL JUICIO DE AMPARO. SU DETERMINACIÓN SE RIGE POR LAS REGLAS ESTABLECIDAS EN LA LEY DE AMPARO Y NO EN CLÁUSULAS DE SUMISIÓN EXPRESA PACTADAS ENTRE LAS PARTES.
The ruling
In several indirect amparos over rejected deliveries and breaches of government procurement contracts, District Courts disagreed on territorial jurisdiction. Some relied on where the act was carried out; others on the contracts' forum-selection clauses. The Collegiate Circuit Court held that amparo jurisdiction is governed by the Amparo Law, not by those clauses.
Our take
For government suppliers, this ruling clarifies a point that often causes delays. A clause submitting disputes to the courts of a given city governs the contract litigation, but not the amparo. The amparo is filed before the judge the Amparo Law designates, usually where the act is carried out. Filing elsewhere does not make it inadmissible, but it triggers jurisdictional disputes that consume weeks, and in amparo time matters. We recommend identifying the competent court under the statute before filing, rather than relying on the contract.
What to do
- Identify the competent court under the Amparo Law before filing.
- Separate the contractual route from the amparo route and their forums in your strategy.
- Consider where the act is carried out when planning disputes with contracting agencies.
Details
- Court
- Collegiate Circuit Court
- Type
- Isolated precedent
- Identifier
- I.11o.A.6 K (12a.)
- Digital registry
- 2032364
- Published
- July 3, 2026
- Area
- Amparo and constitutional
- View official source ↗
Does this ruling affect your company? Let’s talk.
Schedule a conversationOther precedents in the same area
Prepared by Artegia for information only; not legal advice. Headings in English are unofficial translations. The official text is the one published in the Semanario Judicial de la Federación or the TFJA journal.