Another year ends with set records for investment arbitration in Latin America. ICSID reported that, out of the new forty-five registered cases, twenty-one were brought against Latin American and Caribbean states (the annual report covers the fiscal year from July 1, 2022 to June 30, 2023). In other words, almost fifty percent of the new…

The uncertainties faced by investors and stakeholders in 2023 was intensified by the notable shift in Latin America’s political regimes. The emergence of left-wing electoral victories echoed the political landscape of the 2000s, marked by ambiguity, volatility, and political risk. In the realm of arbitration, several jurisdictions have undergone significant developments. Mexico and Chilean arbitration…

Arbitration can be defined as a dispute resolution mechanism by which parties submit their case to a specifically chosen decision-maker to render a binding decision. Arbitration is a consensual procedure and can only be initiated if parties have agreed to do so. As most arbitration laws, the Brazilian Arbitration Act (“BAA”) provides for the enforceability…

On May 9, 2023, the Arbitration Channel, a pioneer Brazilian institution in the dissemination and promotion of arbitration internationally, held the XVII Rio de Janeiro International Arbitration Conference (“Rio Arbitration Conference” or “Congress”), curated by  João Bosco Lee (Lee Taube Gabardo Sociedade de Advogados, Partner) Lauro Gama (Lauro Gama Advogados Associados, Partner) and Maurício Almeida…

On 9 March 2023, the International Chamber of Commerce (“ICC”), the National Committee (“ICC Brasil”) and the ICC Court of Arbitration (“ICC Court”)  held the 11th ICC Brazilian Arbitration Day (“ICC BAD” or “Conference”) in São Paulo. This Conference is organized since 2015, aiming at enhancing practical and theoretical discussions on trend topics related to…

2022 was a year of change and action with important developments in investment arbitration in Latin America.  The region continues to top the ICSID investment arbitration caseload, accounting for  28% of the total of registered cases by June 2022. In 2022, states and arbitral institutions sought to modernize investment protections and their institutional frameworks. In…

After struggling with the adverse effects of the COVID-19 pandemic, 2022 remained a period of transition for Latin America.  New arbitration rules and protocols were adopted in jurisdictions such as Ecuador, Brazil and Mexico that reflected best practices born out of the limitations placed on arbitrations by the pandemic.  Other jurisdictions such as Colombia, Chile…

On 17 and 18 October 2022, the Center for Arbitration and Mediation of the Chamber of Commerce Brazil-Canada held its IXth Arbitration Congress (“IX CAM-CCBC Congress” or “Congress”) in São Paulo. The Congress is the opening event of what became the Sao Paulo Arbitration Week (“SPAW”): a collaborative calendar for law firms, universities, associations, and…

From 28 to 30 September 2022, the Brazilian Arbitration Committee – CBAr held its 21st International Arbitration Conference (“21st CBAr IAC” or “Conference”) in Rio de Janeiro. Considering the rising number of arbitration proceedings related to corporate disputes, the subject of this year’s Conference was “Arbitration and Corporate Law”. The 21st CBAr IAC was a…