Despite the timid growth rate estimated at 1.9%, the lowest among all global regions, the year 2024 has been pivotal for commercial arbitration in Latin America, marked by significant legislative and institutional developments. Countries like Brazil, Argentina, Uruguay, Peru, and Costa Rica introduced reforms aimed at enhancing transparency and flexibility in arbitration practices. These changes…
Latin America continues to be a hotspot for investment arbitration. In 2024, investment arbitration in Latin America saw significant activity and notable developments. In addition to seeing a steady increment in arbitration cases, 2024 witnessed important legal reforms and evolving trends that are reshaping the region’s approach to investment and investor-State dispute settlement (“ISDS”). This…
On 7 March 2024, the National Branch (“ICC Brasil”) and the ICC Court of Arbitration (“ICC Court”) held the 12th ICC Brazilian Arbitration Day (“ICC BAD” or “Conference”) in São Paulo. Since its inception in 2015, the ICC BAD has enjoyed consistent success, and in 2024 arbitration practicing lawyers and clients had further reasons to…
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 has been organized since 2015, aiming at enhancing practical and theoretical discussions on trend topics related…
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…
