Latin America

ALARB, Colombia, Costs in arbitral proceedings, Counsel fees, Investor-State arbitration, Latin America

(Mürrle Asesores)/ /1 Comment
Asociación Latinoamericana de Arbitraje (ALARB)

The 2022 report of Colombia’s National Agency for Legal Defense of the State (the “Agency”) provides insightful information about costs in investment arbitration (the “2022 Report”). Based on a statistical analysis, it (i) establishes current trends and criteria in connection with the allocation of costs in investment arbitration, and (ii) determines the average costs of an…

Cooperation, Host Country Agreement, immunities, Latin America, PCA

, (Carmigiani Pérez) and (Permanent Court of Arbitration)/ /Leave a comment

On October 17, 2022, the Secretary General of the Permanent Court of Arbitration (“PCA”) and the Minister of Foreign Affairs of the Republic of Ecuador (“Ecuador”) signed in Quito a “Host Country Agreement” (the “Agreement”). This news has been well received, both in the Ecuadorian and the international arbitration community. It is also the culmination of…

Collateral estoppel, Commercial Arbitration, Latin America, Multi-fora disputes, Res Judicata, Uncategorized

(Quinn Emanuel Urquhart & Sullivan)/ /1 Comment
Asociación Latinoamericana de Arbitraje (ALARB)

A slate of recent cases reminded us how important are the doctrines of res judicata and/or collateral estoppel. Put simply, res judicata is known as claim preclusion because a judicial judgment or arbitral award deciding a particular “claim” will be binding on the parties who participated in that proceeding, whereas collateral estoppel is known as…

Judicial intervention, Latin America, Preliminary measures, Provisional Application, UNCITRAL Model Law

(Marval, O’Farrell & Mairal) and , (Marval O'Farrel & Mairal)/ /Leave a comment

The Commercial Court of Appeals in the City of Buenos Aires recently granted a request for preliminary measures. These measures aimed to obtain the necessary elements to analyze and determine whether the counterparty had breached a stock purchase agreement that included an arbitration clause as the dispute-settlement mechanism. In this post, we discuss whether courts…

Guatemala, Investment, Latin America, stabilization clauses, Tax incentives

(Georgetown University Law Center)/ /Leave a comment

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…

Arbitral Award, CAM-CCBC Arbitration Congress IX Edition, Latin America, Publication of Arbitral Awards

(Rodrigo Mendes Advogados)/ /Leave a comment

Between 17-23 October 2022, the São Paulo Arbitration Week (“SPAW”) was held with multiple events in different parts of the biggest city of Latin America. The SPAW is a collaborative event, organized by Center for Arbitration and Mediation of the Chamber of Commerce Brazil-Canada (“CAM-CCBC”), and is conceived as a calendar for law firms, universities,…

Brazilian Arbitration Act, CAM-CCBC Arbitration Congress IX Edition, Corporate, Corporate disputes, Latin America

(Manesco, Ramires, Perez, Azevedo Marques Sociedade de Advogados)/ /Leave a comment

The IXth Edition of the CAM-CCBC Arbitration Congress took place on 17 – 18 October 2022, in São Paulo, Brazil. The congress brought together practitioners to discuss “the today and the tomorrow” of the arbitration market. After two years of pandemic, the convention provided a unique forum to debate a wide range of topics, including…

Appointment of arbitrators, Arbitrator Challenges, Brazil, CAM-CCBC Arbitration Congress IX Edition, Latin America

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

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…

Environment, Investment protection, ITA-ALARB, Latin America, Legitimate Expectations

(Quinn Emanuel Urquhart & Sullivan)/ /Leave a comment

This year’s ITA-ALARB Americas Workshop took place in early September and focused on the intersection between domestic environmental protections and international investment law. The workshop was co-chaired by Gabriela Álvarez Ávila (Partner, DLA Piper) and Miguel López Forastier (Partner, Covington & Burling). The aim of the workshop was to address, from the perspective of states…

Brazil, CBAr 21st, Corporate disputes, International Arbitration Procedures, Latin America, South America

, (Fialho Salles Advogados)/ /Leave a comment

In line with current discussions in Brazil’s arbitration community, especially in the context of Brazilian party leaders’ initiative to call for a vote on a controversial bill to amend the Brazilian Arbitration Act (“BAA“) on an urgent basis (previously covered here), one of the panels focused on the controversy of whether information regarding corporate arbitral proceedings…

Brazil, CBAr 21st, Latin America, M&A

(King & Spalding )/ /Leave a comment

In line with its overarching theme of “Arbitration, Corporate Law & ESG”, on September 29, 2022 the CBAr’s 21st International Arbitration Conference hosted a panel on disputes arising under M&A contracts. Julian Chediak moderated a prolific, technical, and practical discussion with Gabriel Buschinelli, Rodrigo Octávio Broglia Mendes and Jennifer Permesly regarding various aspects of M&A…

Brazil, CBAr 21st, Climate change, Corporate, Corporate disputes, Environment, ESG, International environmental disputes, Latin America, South America

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

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…

Investment Arbitration, Jurisdictional challenge, Latin America, Peru, Waiver

, (Bullard Falla Ezcurra +)/ /Leave a comment
Asociación Latinoamericana de Arbitraje (ALARB)

On August 5, 2022, the Tribunal hearing the Bacilio Amorrortu v. The Republic of Peru case issued its Partial Award on Jurisdiction, upholding the State’s objection that Mr. Amorrortu did not provide a valid waiver as required by the “No U-Turn Clause” established in article 10.18.2 of the United States – Peru Trade Promotion Agreement…

Colombia, Constitutional proceeding, Corporate disputes, Diversity, Latin America

(National Legal Defense Agency of the State of Colombia)/ /Leave a comment

The first Colombian Arbitration Week was launched last week in Bogotá. The closing event comprised a panel discussing new challenges and perspectives of arbitration in Colombia. The discussion was moderated by Anne Mürrle (Partner, Mürrle Asesores) with the following panelists Cristina Mejía (Partner, Baker McKenzie), José Miguel Mendoza (Partner, DLA Piper), David Araque (Partner, Gómez…

Colombia, Constitutional proceeding, Latin America, political reform, regulation

(Constitutional Court of Colombia)/ /Leave a comment

In the first edition of the Colombian Arbitration Week, the first panel discussed international arbitration in the context of the changing political situation in Latin America. This panel addressed, among other issues, the constitutionalization of arbitration and the impact of new governments in the region on arbitration matters.   Constitutionalization of arbitration and the existence…

Arbitrary and Discriminatory, Bolivia, Expropriation, Fair and Equitable Treatment, Latin America

(Wayar & von Borries Abogados)/ /Leave a comment

Since 2006, the Bolivian State adopted a policy of “recovery” of resources and entities that were considered as ‘strategic’ by the State.  Multiple investment arbitration proceedings against Bolivia were initiated as a consequence of the expropriation measures derived from the execution of this policy. To this date, the main claim in each of these cases…

Administrative Contracts, Bolivia, Chile, ISDS, Latin America

, (Dentons Larraín Rencoret) and , (Dentons Guevara & Gutiérrez S.C.)/ /1 Comment

After the October 2021’s plebiscite, Chile began the process of drafting a new constitution, which was entrusted to a “Convención Constituyente“. After a year of work, on July 4, 2022, the final proposal was delivered to the President of the Republic.  The proposed constitution will be submitted to a ratifying plebiscite in September of this…

Costa Rica, Fair and Equitable Treatment, ICSID Arbitration, Investment Arbitration, Latin America

(CICA-AmCham)/ /Leave a comment

On 29 June 2022, an ICSID Tribunal composed of Alexis Mourre, Luis González García and Adolfo Jiménez issued its Final Award in the case brought by Alejandro Diego Díaz Gaspar, a Spanish national, against Costa Rica. The majority of the Tribunal ultimately found minor breaches of the underlying Costa Rica-Spain Bilateral Investment Treaty (the “Treaty”)…

Anti-arbitration, Anti-arbitration Injunction, Immunity, Latin America, Venezuela

(Twenty Essex)/ /Leave a comment

Can a court restrain a State from pursuing civil proceedings in a foreign jurisdiction? This was the question before the English High Court in UK P&I Club N.V. and United Kingdom Mutual Steam Ship Assurance Association Ltd v República Bolivariana de Venezuela RCGS “Resolute” [2022] EWHC 1655 (Comm). UK P&I Club N.V. (the “English Club”)…

ALARB, Due process, Latin America, Technology, Virtual hearings

(Bomchil) and (Pérez Bustamante & Ponce)/ /Leave a comment
Asociación Latinoamericana de Arbitraje (ALARB)

While prior to the COVID-19 pandemic it was usual for international arbitration practitioners to conduct videoconferencing or telecommunications remotely for certain procedural events (i.e., initial case management conferences or witness examinations), pandemic restrictions imposed in early 2020 led to a substantial change in the way international arbitration proceedings are conducted—forcing practitioners to hold any kind…

Arbitration, Brazil, Conference, Georgetown, Latin America, Uncategorized

(Herbert Smith Frehills) and (MAMG Advogados)/ /Leave a comment

Organized by the Georgetown International Arbitration Society and the Georgetown Brazilian Law Association, in cooperation with the Arbitration Channel, the I Georgetown Brazilian Arbitration Day took place on April 8, 2022. The first edition of the conference discussed some of the main topics of interest in international arbitration as well as the latest developments in…

Arbitration Institutions and Rules, Case Management, Ecuador, Institutional Arbitration, Interview of our editors, Interviews with Our Editors, Latin America, Uncategorized

(Locke Lord LLP) and (Herbert Smith Freehills)/ /Leave a comment

Welcome to the Kluwer Arbitration Blog, Ms. Vera!  We are grateful for this opportunity to learn more about the Center for Arbitration and Mediation of the Ecuadorian-American Chamber of ‎Commerce (CAM-AMCHAM Ecuador)‎, and its administration of complex disputes, as well as about the attractiveness of Quito as a seat for international arbitration.  To start, can…

Latin America, LIDW2022

(Queen Mary University)/ /Leave a comment

On the first day of the 2022 London International Disputes Week, Herbert Smith Freehills, HFW, HKA, King & Spalding, and Twenty Essex organised a panel on “Latin America: delivering sustainable and ethical infrastructure across key sectors – a disputes perspective”. The panel was composed of Richard Caldwell (Brattle), Dr Francisco González De Cossío (Gonzales de…

COVID-19, Investment Arbitration, Latin America, Pensions, Technology

(Freshfields Bruckhaus Deringer LLP) and (Freshfields Bruckhaus Deringer)/ /Leave a comment

For the last 20 years Latin America has been a fertile ground for ISDS. From the cases against Argentina in the early 2000s, to those against Venezuela, Ecuador, Mexico and Bolivia in subsequent years, and more recently Peru and Colombia, investment treaty disputes in the region have continued to arise. While the seeds of the…