On 1 December 2022, the Tribunal in the Panamericana Television S.A (hereafter, “Pantel” or “Claimant”) v. The Republic of Peru (hereafter, “Peru” or “Respondent”) case issued its聽Final Award, in which not only did it reject the merits of Pantel’s claims, but it also dismissed, among others, the objection聽ratione materiae聽formulated by Peru, based on Articles 2,…

On July 26, 2023, the Latin American Arbitration Association (ALARB) organized a webinar on New Developments of the Permanent Court of Arbitration (PCA). The discussion was introduced by Claus von Wobeser (Von Wobeser y Sierra, M茅xico) and led by Sandra Gonz谩lez (Ferrere, Uruguay) and Juan Manuel March谩n (PBP, Ecuador), who posed several topics that were…

On June 7, 2023, an ICC tribunal issued an award that will redefine risk allocation in the construction industry. The arbitration was initiated by Refiner铆a de Cartagena S.A.S. (“Reficar”), a wholly owned subsidiary of Ecopetrol S.A., which is in turn owned by the Republic of Colombia, against Chicago Bridge & Iron Company NV., CB&I UK…

As Latin America welcomes left-leaning political regimes, the region鈥檚 regulatory landscape undertakes an increasingly uncertain state for foreign investors. In terms of cross-border investment dynamics, Latin America鈥檚 history has demonstrated that its embrace or lack thereof is shaped by cycles of political and economic regimes. Thus, a wave of direct or indirect expropriations, regulatory overreaches,…

Despite the good results obtained for several years in its defense from investment arbitration claims, the Republic of Peru has become one of the countries with the highest number of arbitration claims filed against it. To date, nineteen cases have concluded, and twenty-three cases are pending resolution. In December 2022, an award was issued in…

On March 7, 2023, the virtual conference organized by the United Nations Commission on International Trade Law (UNCITRAL), as well as the Latin American Arbitration Association (ALARB) titled 鈥淒ispute Resolution in the Digital Economy鈥 took place, within the context of UNCITRAL鈥檚 Working Group II works on dispute resolution and digital economy. During this conference, arbitration…

The 2022 report of Colombia鈥檚 National Agency for Legal Defense of the State (the 鈥淎gency鈥) provides insightful information about costs in investment arbitration (the 鈥2022 Report鈥). Based on a statistical analysis, it (i)聽establishes current trends and criteria in connection with the allocation of costs in investment arbitration, and (ii) determines the average costs of an…

A slate of recent cases reminded us how important are the doctrines of res judicata and/or collateral estoppel. Put simply, res judicata is known as claim preclusion because a judicial judgment or arbitral award deciding a particular 鈥渃laim鈥 will be binding on the parties who participated in that proceeding, whereas collateral estoppel is known as…

This contribution comments on growing global trends in climate change and the important role arbitration can play in the settlement of this type of dispute, specifically in the future dispute resolution landscape in Latin America. In June 2022, the Center for Climate Change Economics and Policy (CCCEP) and the Grantham Research Institute on Climate Change…

On August 5, 2022, the Tribunal hearing the Bacilio Amorrortu v. The Republic of Peru case issued its Partial Award on Jurisdiction, upholding the State鈥檚 objection that Mr. Amorrortu did not provide a valid waiver as required by the 鈥淣o U-Turn Clause鈥 established in article 10.18.2 of the United States – Peru Trade Promotion Agreement…

While prior to the COVID-19 pandemic it was usual for international arbitration practitioners to conduct videoconferencing or telecommunications remotely for certain procedural events (i.e., initial case management conferences or witness examinations), pandemic restrictions imposed in early 2020 led to a substantial change in the way international arbitration proceedings are conducted鈥攆orcing practitioners to hold any kind…