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…
The Guatemalan Constitutional Court (“Court”) recently ruled that a dispute can be too complex for an arbitral tribunal to decide for the umpteenth time. For context, the Court has jurisdiction to rule on the constitutionality of Guatemalan laws upon the request of an interested party. In a recent decision, the Court was tasked with deciding…
On September 19, 2022, the Guatemalan Congress enacted the Act for Promotion of Investment of Foreign Capital, 46-2022 (Ley de Fomento de Inversión de Capital Extranjero) (the “Act”), which came into force on September 27, 2022. The Act aims to promote investment projects from foreign capital in Guatemala. The Act gives special treatment to foreign…
US energy company TECO Guatemala Holdings, LLC (“TECO”) was awarded additional damages in a resubmitted ICSID claim against the Republic of Guatemala under the Dominican Republic-Central America-United States Free Trade Agreement (“DR-CAFTA”).1) TECO Guatemala Holdings, LLC v. Republic of Guatemala (ICSID Case No. ARB/10/23), Award, 13 May 2020. On 13 May 2020, the resubmission Tribunal…
The amparo is a constitutional action available in several Latin American countries by means of which a person can request the protection of her fundamental rights when an authority has violated or threatened to violate them. Because of the amparo’s broad scope, it can be used as a guerrilla tactic in many of those jurisdictions,…
The views expressed in this article are those of the author alone and should not be regarded as representative of, or binding upon ArbitralWomen and/or the author’s chambers. The legal landscape in Latin America is rapidly changing. Not only has Latin America more bilateral Trade Agreements than any other region in the world, but it…
