Argentina’s new administration is aiming to attract foreign capital to boost the economy of the country with a new liberal and investor-friendly regime. On July 8, 2024, the Argentinean Congress approved the law No. 27,742 titled “Bases and Starting Points for the Freedom of Argentine People” (the “Law”). As discussed in prior posts, this is…
In recent years, there has been a boom in international demand for Latin American commodities as well as massive foreign investment in the region, especially in the energy, mining and construction sectors. This has led to a corresponding increase in the number of international contracts involving a Latin American party and a foreign party that…
In May 2024, an LCIA tribunal issued an award in a multi-million-dollar arbitration involving the construction, operation, and service provision of a coal transportation and storage system. The case, which spanned three years, centered on complex issues of party joinder, cross-claims, and contractual obligations. On August 23, 2024, the Claimants filed a petition before the…
Law No. 20.257, enacted on April 25, 2024, amended the arbitration procedure in domestic arbitrations contained in the Uruguayan General Procedural Code (“GPC”). Pursuant to Law No. 19.636–Act on International Commercial Arbitration (“AICA”), the amendment of the General Procedural Code enhanced the domestic arbitration framework by providing greater flexibility. The new law eliminated the mandatory…
On March 27, 2024, an arbitration tribunal issued its Phase II award in the EcuadorTLC v. Ecuador II case (“EcuadorTLC II”), a decision that has flown under the radar of systemic analysis. This case is one of a number of new Ecuadorian arbitration cases (here, here) that have come into the public eye in the…
On October 1st, over 40 attendees—including senior lawyers, arbitrators, and law students—gathered at Debevoise & Plimpton’s New York offices for a groundbreaking ITA Americas Initiative event titled “Dialogues on Latin American Arbitration: Mining Disputes, China’s Growing Influence, and Recurring Damages Issues.” Organized with the support of the Asociación Latinoamericana de Arbitraje (ALARB), this forum marked…
Brazil is internationally recognized as an arbitration-friendly jurisdiction. As a signatory to the New York Convention, its arbitration framework is modeled on UNCITRAL Model Law, and its highest courts actively support and promote arbitration. Despite this, the participation of Brazilian public entities in arbitration remains a subject of debate, even though legislative reforms aimed at…
The second day of the CAM-CCBC Arbitration Congress XI (“Congress”) featured three insightful panels, each addressing critical topics in the field of arbitration. The first panel, moderated by Ms. Niamh Leinwather, discussed the media’s influence on arbitration. This was followed by a panel led by Mr. Pedro Martini, which focused on the possibility of restoring…
On October 14, 2024, CAM-CCBC hosted the XI edition of its Arbitration Congress in São Paulo. As usual, the Congress kick-started the São Paulo Arbitration Week, setting in motion a week of insightful discussions and valuable networking opportunities across the city. If you couldn’t make it or had to leave early (we’ve all been there),…
On September 21, 2024, Legislative Decree No. 1660 (“Decree”) was enacted. The Decree strengthens the National Registry of Arbitrators and Arbitration Centers (“RENACE”), mandating the registration of arbitration centers and arbitrators. RENACE was created in 2020 by the First Additional Final Provision of Urgent Decree No. 020-2020, which amended the legal framework for arbitration proceedings…
On September 4, 2024, the Chamber for Conciliation, Mediation and Arbitration of CIESP/FIESP (the Federation of Industries of the State of São Paulo, Brazil) released a new set of arbitration rules for the autonomous taking of evidence through arbitral proceedings (the “Rules”). This development, and the general trend it tends to set, builds on the…
Costa Rica has long been heralded as a beacon of political, social and economic stability in the Americas. Its respect for the rule of law, coupled with a strong commitment to the peaceful resolution of disputes, has allowed it to develop a strong practice of alternative dispute resolution. The arbitration law adopted in 1998 (the…
The Chilean Court of Appeals (the “Court”) recently rendered a decision that underscores the importance of impartiality in domestic arbitration proceedings (the “Decision”). Particularly, the Court annulled an arbitral award after a disciplinary recourse was filed by the respondent against a sole arbitrator and granted for a reason which is highly unusual: the metadata of…
What had to be a simple touch-and-go on the Curaçao, Caribbean airport for Venezuelan airline Albatros (officially named Alianza Glancelot C.A., “Albatros”) became a longer-term storage exercise of one of its few aircraft, leading to significant loss of revenue and jeopardizing its ability to stay afloat as an airline. Following a Florida seated arbitration in…
On 28 May 2024, the Chilean Supreme Court rendered a landmark ruling in Albemarle Limitada v Emaresa Ingenieros y Representaciones S.A. & Or (see Case No. 10854-2024). The case concerned an international arbitration seated in Chile under the Law No. 19,971 on International Commercial Arbitration (“LACI”), which follows the UNCITRAL Model Law. This case raised…
In Brazilian domestic arbitrations, it is not uncommon for parties to make arguments or requests based on the Brazilian Code of Civil Procedure (“BCCP”), even though the Brazilian Arbitration Act (“BAA”) does not provide for the application of such procedural rules to arbitral proceedings, not even on a supplementary basis. The question of whether the…
From 1st to 3rd September 2024, the Brazilian Arbitration Committee—CBAr held its 23rd International Arbitration Conference (“23rd CBAr IAC” or “Conference”) in Brasília, Brazil’s federal capital. The theme of this year’s Conference was “Arbitration and Infrastructure.” The Organizing Committee, composed of both the current and previous CBAr Board members, succeeded in providing a program that…
The 23rd CBAr IAC was a resounding success. The second day of the Conference included a first Panel on the Circulation of Contractual Models and Infrastructure Arbitrations, a second Panel on Contractual Incompleteness and Infrastructure Arbitrations, and a third Panel on the Limits of Consent, Arbitrability, and Judicial Review in Infrastructure Arbitrations. Below, we summarize…
Continuing the central theme of the CBAr 23rd International Arbitration Conference, focused on discussing “Arbitration and Infrastructure,” the two panels held on September 3rd, 2024 were focused on the rendering of technical evidence in infrastructure disputes and the impact of foreign investment and sustainability in Brazil—topics of great complexity, yet essential for the continued development…
Rusoro Mining Ltd. (“Rusoro”), a Canadian corporation, filed an investment claim against The Bolivarian Republic of Venezuela (“Venezuela”), pursuant to the International Centre for Settlement of Investment Disputes (“ICSID”) Additional Facility Arbitration (“AF”) Rules of April 2006 (Case No. ARB(AF)/12/5). Rusoro claimed that, between 2009 and 2010, Venezuela expropriated its investment over mining rights and…
The advantages of exclusive jurisdiction agreements (“EJAs”) are well known; chiefly, that of knowing where a party can sue and be sued. In Brazil, EJAs are widely used in both cross border litigation and in the context of domestic contractual relations. Even in contracts providing for arbitration, it is typical for sophisticated parties to agree…
Through Ruling No. 3232-19-EP/24, Ecuador’s Constitutional Court (“Court”) settled a long-standing discussion and confirmed that recognition prior to the enforcement of foreign arbitral awards is an unreasonable requirement in light of the Ecuadorian legal system. In this post, we describe the factual background of the Court’s ruling and examine the procedural issues underlying the recent…
On February 13, 2024, a tribunal comprising of Alexis Mourre, Eduardo Siqueiros and Eduardo Zuleta Jaramillo rendered an award in the case of Latin American Regional Aviation Holding S. de S.R.L. v. Uruguay (ICSID Case No. ARB/19/16), under the Panama – Uruguay bilateral investment treaty (the “Treaty”). The dispute concerned Uruguay’s national airline Pluna, where…
On 12 March 2024, Judge Ana C. Reyes, presiding over the District of Columbia (“D.C.”) Circuit, issued a decision on the petition to set aside filed by the Municipalidad de Lima concerning two arbitral awards. Judge Ana C. Reyes denied the petition from the Municipalidad de Lima. This post describes the background to this long-standing…
