Latin America

Brazil, Brazilian Arbitration Act, Duty to Disclose, Duty to investigate, Impartiality, Independence, Independence and Impartiality, Latin America

, (Herbert Smith Freehills)/ /Leave a comment

It is undisputed that arbitration depends on the trust placed by the parties in the arbitrators. The Brazilian Arbitration Act (the “BAA”) reaffirms this principle when it provides that an individual may only act as an arbitrator if he/she “is trusted by the parties” (BAA, Article 13) and when it puts the burden to disclose…

Colombia, Construction, Damages, Energy, Latin America, Risk Management

(Universidad del Norte) and (Baker McKenzie)/ /Leave a comment
Asociación Latinoamericana de Arbitraje (ALARB)

On June 7, 2023, an ICC tribunal issued an award that will redefine risk allocation in the construction industry. The arbitration was initiated by Refinería 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…

Chile, International Commercial Arbitration, Latin America, Pro arbitration, Set aside an international arbitral award

, (Bofill Escobar Silva)/ /Leave a comment

On 12 May 2023, the Santiago Court of Appeals (“Court”) denied EP Petroecuador’s (“Petroecuador”) (Ecuador national oil company) petition to set aside a US$63 million international commercial arbitration award. The decision is consistent with the Court’s history of denying petitions to set aside international commercial arbitration awards and marks an important milestone for Servicios Integrados…

Arbitration institution, Caribbean, Commercial Arbitration, ITA, Latin America

(WAGEMANN Arbitration) and (Reed Smith)/ /Leave a comment

In 2011, the ITA published its inaugural Guide to Arbitral Institutions in Latin America and an accompanying “Scoreboard.” The conclusion of this inaugural guide was: “The era of Latin American arbitral institutions has arrived. Building on a strong legal framework, arbitral institutions have emerged throughout the region.” This year, the Americas Initiative of the ITA…

Annulment, Arbitrability, Investment Arbitration, Investment Disputes, Investment law, Investor-State arbitration, Latin America, Paris Court of Appeal, Permanent Court of Arbitration, Uruguay

(Freshfields Bruckhaus Deringer)/ /1 Comment

On August 6, 2020, an arbitral tribunal composed of Andrés Rigo Sureda (P), O. Thomas Johnson, Jr., and Pierre Mayer (the Tribunal), constituted under the agreement between the United Kingdom and Uruguay for the promotion and protection of investments (the BIT), issued an award in Prenay Agarwal, Vinita Agarwal and Ritika Mehta v. Uruguay (PCA…

Arbitrability, Civil Arbitration, Latin America, Mexico, Referral to Arbitration

(Hogan Lovells) and (Hogan Lovells )/ /Leave a comment

Mexico’s new National Code for Civil and Family Procedure was published on 7 June 2023 (“National Code”). The National Code will apply at both federal and local levels, and will replace both the Federal Code of Civil Procedure and the thirty-two local codes of civil procedure across all Mexican states. The National Code will enter…

Arbitrability, Dissenting opinions, Fair and Equitable Treatment, Investment Disputes, Investment law, Investment protection, Investment Treaties, Latin America, Panama

(Morgan & Morgan Legal)/ /Leave a comment

Investment treaty arbitration tribunals have addressed issues surrounding State intervention and States’ regulatory freedom time and time again, consequently creating guiding precedent regarding State conduct that could constitute breaches of the fair and equitable treatment (“FET”) or expropriation standards. However, recently, an investment treaty arbitration tribunal not only had to deal with issues surrounding the…

Arbitration Agreements, Brazil, Brazilian Arbitration Act, Brazilian Superior Court of Justice, Hardship, Latin America

(BMA - Barbosa Müssnich Aragão Advogados) and / /Leave a comment

On 25 October 2022, the Brazilian Superior Court of Justice (“SCJ”) upheld a decision that suspended the filing of a proof of claim in bankruptcy proceedings and, consequently, prevented the plaintiff from participating in the general meeting of creditors (see, Appeal to the SCJ n. 1.774.649, 25 October 2022, Amapari Energia S.A. v. Zamin Amapá…

ADR, Arbitration Act, Brazil, Brazilian Arbitration Act, Emergency Arbitrator, ICC, Latin America

(JBLEE Advogados)/ /Leave a comment

In 2023, the ICC International Court of Arbitration (“ICC Court”) celebrated 100 years as the world’s leading arbitral institution. To celebrate this milestone, on 25 May 2023, the ICC Court and the National Committee of Brazil (“ICC Brazil”) organized the First ICC Arbitration Conference in the South of Brazil (“ICC South Conference”). The ICC South…

Arbitrability, Brazil, Brazilian Arbitration Act, Brazilian Superior Court of Justice, Latin America

, (Toledo Marchetti Advogados )/ /1 Comment

On May 9, 2023, the 4th Panel of Brazilian Superior Court of Justice (“SCJ”) judged the Special Appeal n. 1.988.894-SP (“Appeal”), reported by Minister Maria Isabel Gallotti. The Appeal was proposed by Mapfre Seguros Generales de Colombia S.A. (“Mapfre” or “insurer”) in an indemnification claim filed against LOG Wisdom S.A., Thorco Shipping S.S and Asia…

Commercial Arbitration, Jurisprudence, Latin America, Mexico, Mexico Arbitration Week

(Hogan Lovells ) and (Centro de Arbitraje de México)/ /Leave a comment

The first edition of Mexico Arbitration Week took place in Mexico City last May, bringing together over 120 attendees and more than sixty speakers. The primary objective of this event was to connect Spanish-speaking international arbitration professionals, fostering discussions, and promoting Mexico as a prominent seat for international arbitration. The event was jointly organized and…

Investment law, ISDS, Latin America, Mexico, Mexico Arbitration Week

(Centro de Arbitraje de México) and (Hogan Lovells )/ /Leave a comment

From 29 May to 1 June 2023, Mexico Arbitration Center (“CAM”), the Mediation and Arbitration Commission of the Chamber of Commerce of Mexico City (“CANACO”), and the CAM/CANACO Young Arbitrators Forum came together to organize the inaugural edition of Mexico Arbitration Week. This event aimed to connect professionals from the international community, foster debates, and…

Foreign Investment, Latin America, Leftward shift, New pink tide, Political changes

(Adell & Merizalde)/ /Leave a comment
Asociación Latinoamericana de Arbitraje (ALARB)

As Latin America welcomes left-leaning political regimes, the region’s regulatory landscape undertakes an increasingly uncertain state for foreign investors. In terms of cross-border investment dynamics, Latin America’s 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,…

ADR Clauses, Arbitration, Arbitration clause, Brazil, Brazilian Arbitration Act, Hardship, Latin America

(Barbosa, Müssnich & Aragão Advogados – BMA) and (BMA - Barbosa Müssnich Aragão Advogados)/ /Leave a comment

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…

ADR, Arbitrator Intelligence, Arbitrator Selection, Brazil, Latin America, Technology

(Barbosa, Müssnich & Aragão Advogados – BMA) and (XGIVS Advogados)/ /Leave a comment

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…

Arbitration institution, CCB Bogota, Colombia, Interviews with Our Editors, Latin America

(Herbert Smith Freehills) and (BakerHostetler)/ /Leave a comment

Gustavo Piedrahita is an attorney with more than 15 years of professional experience. He received his law degree (LLB) from Universidad de la Sabana in Colombia and has a master’s degree in corporate law from Universidad Sergio Arboleda. He is a specialist in commercial, financial, and environmental law. Mr. Piedrahita acts as a domestic and…

Brazil, Brazilian Superior Court of Justice, Conflict of Jurisdiction, Latin America

(Mattos Filho Advogados)/ /2 Comments

On June 10, 2022, the Superior Court of Justice in Brazil (“STJ”) ruled on the conflict of competence No. 185.702/DF (“CC 185.702/DF”) under the premise that arbitration has a jurisdictional nature and, therefore the STJ has jurisdiction to decide conflict of competences between arbitral tribunals constituted pursuant to the rules of the same arbitral institution…

ADR, Arbitration, Arbitration Act, Brazil, Brazilian Arbitration Act, Disclosure, Duty to Disclose, Impartiality, Latin America

(University of Cambridge)/ /Leave a comment

Despite being a relatively young market at just over 20 years old, Brazilian arbitration has experienced rapid growth. As of 2020, Brazil ranked second in the number of arbitrations filed with the International Chamber of Commerce (ICC), surpassing all European, African, and Asian jurisdictions. Brazil is also among the top five nationalities represented among arbitrators,…

Arbitral Award, Free Trade Agreements, Investment Disputes, Investment law, Investment protection, Investment Treaties, Investor-State arbitration, Latin America, Peru

(Baker McKenzie)/ /Leave a comment
Asociación Latinoamericana de Arbitraje (ALARB)

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…

Arbitration, Latin America, Mediation, Mediation and Dispute Management, Mediator, Technology, technology industry

(García Barragán Abogados)/ /Leave a comment
Asociación Latinoamericana de Arbitraje (ALARB)

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 “Dispute Resolution in the Digital Economy” took place, within the context of UNCITRAL’s Working Group II works on dispute resolution and digital economy. During this conference, arbitration…

BIT, Colombia, International dispute resolution, International Investment Arbitration, International Investment Law, Investment agreements, Investment protection, Latin America, Venezuela

(Sciences Po Law School - Paris)/ /Leave a comment

On 3 February 2023, Colombia and Venezuela entered into an Agreement for the Reciprocal Promotion and Protection of Investments (“Treaty”), with the objective of “incrementing the flow of transborder direct investment.” Both states are still to complete the ratification procedure for the Treaty to enter into force. This is an interesting development, especially considering the…

Arbitrability, Arbitral Award, Colombia, Enforcement, Latin America, Public Policy

(Independent Practitioner based in Bogota, Colombia)/ /Leave a comment

This post addresses the recognition and enforcement of foreign awards in Colombia and summarizes two important cases decided in 2022 by the Civil Chamber of the Colombian Supreme Court of Justice (“Court”) on the matter. These cases illustrate the process of analysis undertaken by the Court to decide requests for recognition and enforcement of foreign…

Arbitration institution, arbitration rules, Latin America, Mexico, Reform

, (Centro de Arbitraje de México)/ /Leave a comment

After thirteen years, the Arbitration Center of Mexico (“CAM”), one of the most prominent arbitration centers in Mexico, revised its Arbitration Rules (the “Rules”). The purpose of these amendments is to adapt the Rules to global changes and address the needs of its users that have arisen since the last version in 2009. The 2022…

Chile, Competence-Competence, International agreement, Latin America, Party autonomy

, , (Jana & Gil Dispute Resolution)/ /Leave a comment

On December 20, 2022, Chile’s Supreme Court issued a ruling that has been praised by the arbitral community for its pro-arbitration stance in the face of an apparently pathological arbitration clause. In its decision, the highest court of Chile lent decisive support to key international arbitration principles, such as party autonomy, domestic minimum intervention and…