Latin America

DR-CAFTA, Dual Nationals, Investment Arbitration, Jurisdiction of the arbitral tribunal, Latin America

(GST LLP)/ /Leave a comment

It is said that states lose more times than investors in investment arbitration. Indeed, ICSID surveys reveal that while investors receive an award of costs in 41.4% of the cases, states receive a similar award of costs only in 23% of the cases, even when jurisdiction is fully declined. A case where a state prevails…

Arbitrability, Brazil, Brazilian Arbitration Act, Latin America, Public Entities

, (Nanni Advogados)/ /Leave a comment

The development of the Brazilian Arbitration Act concerning the Public Administration Under the original wording of article 1 of Law no. 9.307/96 (“Brazilian Arbitration Act”), any capable person was entitled to resort to arbitration to settle disputes relating to patrimonial and disposable rights. By referring to capable persons, article 1 of the Brazilian Arbitration Act…

Concession Agreement, Construction, Corruption, Dispute Resolution Boards, Energy, Evidence, Investment, Investor duties, Latin America, Social license

(Reed Smith) and (Morgan & Morgan Legal)/ /Leave a comment

The Latin Lawyer – GAR Live 3rd Annual Arbitration Summit took place on Tuesday, April 30, 2019 (the “Summit”). Practitioners from the United States and Latin America gathered for a third consecutive year in Miami to discuss the importance of dispute boards in constructions contracts, the issue of social licenses, the challenges facing the energy…

Colombia, Domestic Courts, France, Latin America

, (Zuleta Abogados)/ /Leave a comment

In June 2019, Colombia’s Constitutional Court (the “Court”) issued a communication informing its decision on the constitutionality of the BIT between Colombia and France (the “BIT”) signed on July 10, 2014. In an unprecedented decision, the Court adjudged that the BIT is compliant with the Colombian Constitution (the “Constitution”) but conditioned its ratification to the…

Arbitration institution, CICA, Costa Rica, Interview, Interviews with Our Editors, Latin America

(Locke Lord LLP) and (Law Offices of Kiran N Gore PLLC; The George Washington University Law School)/ /Leave a comment

Welcome to the Kluwer Arbitration Blog, Ms. Sauma!  We are grateful for this opportunity to learn more about the International Center for Conciliation and Arbitration (“CICA” for its initials in Spanish), which is celebrating its twentieth anniversary this year (congratulations!), as well as about the dynamic alternative dispute resolution environment of Costa Rica.  Thank you…

Conflict prevention, International arbitration, International dispute resolution, Latin America, Trade and investment agreements

(Kingston University London)/ /Leave a comment

International trade and investment arbitration in Latin America has come a long way over the last two decades as discussed in the book Trade Agreements, Investment Protection and Dispute Settlement in Latin America.  More recently, new generation trade and investment agreements entered into by Latin American states have progressively included innovative dispute resolution mechanisms, shaping…

Argentina, Fork in the road, ICSID Convention, Interim measures, Latin America, National Courts

(Knoetzl Haugeneder Netal Rechtsanwaelte GmbH)/ /Leave a comment

In April 2019, an Argentinean court ordered a company not to initiate an investment arbitration before ICSID based on the bilateral investment treaty between the Argentine Republic and the Republic of Chile (“BIT”).  The Federal Court in Civil and Commercial Matters No. 5 (the “Court”) ordered the interim measure in a case between the Argentinean…

Guaidó, ICC Arbitration, Latin America, PDVSA, Petropar, Settlement

(FERRERE Abogados)/ /1 Comment

On March 19, 2019, an ICC tribunal seated in Paris and comprised of Claus von Wobeser (chairman), Francesca Mazza, and Horacio Grigera Naón, issued a procedural order staying the arbitration proceedings between Petróleos de Venezuela S.A. (“PDVSA” for its acronym in Spanish, the Venezuelan state-owned oil company) and Petróleos Paraguayos (“PETROPAR” for its acronym in…

Amparo, Commercial Arbitration, ISDS Reform, Latin America, Mexico, USMCA

(Herbert Smith Freehills)/ /Leave a comment

The seminar “International Arbitration in Mexico – Latest Developments” took place on March 21, 2019 in New York City (the “Seminar”). International and Mexican practitioners gathered to discuss issues such as the relevant investment climate in Mexico, policy changes from the current administration, as well as, relevant developments in commercial arbitration in the country. Donald…

Anti-ISDS Propaganda, Arbitration Institutions and Rules, Commercial Arbitration, Costa Rica, Document Production, ICC, ICC Arbitration, Latin America, Prague Rules

(DLA Piper)/ /Leave a comment

The X CAI Costa Rica held by the Costa Rican Chapter of the ICC and its Arbitration Commission, took place in San Jose, Costa Rica between February 24 and 27, 2019. Ten years have led to its consolidation as one of the most important ICC events in the region. This year’s intensive program included several…

BIT, ISDS, Latin America, USMCA

, (Von Wobeser y Sierra, S.C.)/ /Leave a comment
Young ITA

On 7 February 2019, Young ITA Talks Mexico conference addressing investor-state dispute settlement (“ISDS”) in Latin America was organized at Greenberg Traurig S.C.’s Mexico City office.1) While the content and subject-matter of this report stem from the discussions at the #YoungITATalks event, the views and analysis expressed herein are those of the authors. The panellists,…

Arbitral seat, Colombia, Commercial Arbitration, ICC Arbitration, Latin America

(Suescún Abogados)/ /Leave a comment

During the last years, Colombia has been taking steps forward towards the consolidation of the country as an attractive forum for international arbitration.1)For a more detailed analysis, see: F. González Arrieta; “Arbitration in Colombia: Two Steps Forward and one Backwards” TDM 5 (2016), www.transnational-dispute-management.com; available at: www.transnational-dispute-management.com/article.asp?key=2382 Within this context, the Supreme Court of Justice…

Arbitral Award, Brazil, Brazilian Arbitration Act, Concession Agreement, Confidentiality, Latin America, Public Contract, Public Entities, São Paulo, Time Management

(MVA Advogados)/ /Leave a comment

A long-term dispute between Libra Terminais S.A., Libra Terminais Santos S.A., two companies belonging to one of the major port operating groups in Brazil (“Libra Terminais”), and the Dock Companies for the State of São Paulo (“CODESP”) seems to have been concluded by a recent arbitral award. The dispute concerned a concession agreement of two…

2018 In Review, Argentina, Belt Road Initiative, BIT, Bolivia, Brazil, Cooperation and Facilitation Investment Agreements, Costa Rica, Ecuador, Franchising Contracts, ICSID Arbitration, Latin America, Mexico, Model BIT, NAFTA, Public Procurement, São Paulo, South America, Uruguay, USMCA

(University of Aberdeen ), (Herbert Smith Freehills), and (Locke Lord LLP)/ /Leave a comment

        [Source:Google] In this post the Kluwer Arbitration Blog’s Latin American editorial team (Associate Editor Gloria Alvarez and Assistant Editors Daniela Páez  and Enrique Jaramillo) joins us in an adventure to reflect on the Blog’s 2018 coverage of arbitration developments in the region. First, it is worth recapping the environment and circumstances…

Canada, European Union, Latin America, Mexico, NAFTA, USA, USMCA

(IÉSEG )/ /Leave a comment

On Friday December 7th, a distinguished panel of government negotiators, experienced investment arbitrators and senior legal advisors gathered in Paris at the law faculty of the University Paris II Panthéon-Assas (Paris II) to discuss the US-Mexico-Canada Trade Agreement (USMCA) also called the “New NAFTA” signed on November 30th. The panel was held as part of…

Africa, Appointment of arbitrators, Arbitration, ICC, ICC Arbitration, Latin America, São Paulo

(University of Aberdeen )/ /Leave a comment

The endeavours of the ICC go beyond the definition of an arbitration institution; it is indeed one of the most important agents of cultural integration, incubator of diversity and best arbitration practices. 1)Stavros Brekoulakis, The Culture in International Arbitration: Integration or Fragmentation?, CBAr Conference, Salvador Bahia, 18 September 2018 A true manifestation of this is the…

BIT, ICSID, Investment Arbitration, ISDS Reform, Latin America, USMCA

(Concepción Global, PLLC, Universidad Complutense de Madrid)/ /Leave a comment

The CERSA (CNRS-University Paris II Pantheon-Assas) organises a series of seminars on select topics in international investment law and investor-state dispute settlement (ISDS). The purpose of these seminars is to discuss and debate such topics bringing together academics, practitioners and policymakers in a small international group in Paris. The conference about Topical issues in ISDS: Latin…

Belt Road Initiative, China, Hague Choice of Court Convention, ICC, Latin America, Mexico, Peru

(Souto, Correa, Cesa, Lummertz & Amaral Advogados)/ /1 Comment

Introduction In October 1865, Sir Robert Hart, a former British diplomat and by then an official in the Qing Chinese Government, wrote to Empress Dowager Cixi expressing his opinion that China should desperately seek progress through investments in mining, the telegraph, the telephone and especially in railways. The reaction of Empress Cixi’s closest advisors was…

Construction, Latin America, Lava Jato, Peru, Public Procurement Contracts

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The recent Petrobras – Lava Jato government fraud scandal that hit Brazil hard and swept through other Latin American countries has also greatly affected Perú. According to Marcelo Odebrecht (a Brazilian businessman and the former CEO of Latin America’s largest construction company), more than US$29m was paid in bribes between 2005 and 2014 in Perú…

Arbitration Act, Development, Latin America, UNCITRAL Model Law, Uruguay

, , , (Freshfields Bruckhaus Deringer)/ /Leave a comment

Uruguay’s long journey to approve an international commercial arbitration law has finally come to an end. Act Nº 19.636 (the “Arbitration Act”) was passed at the beginning of July, almost fourteen years after the Executive first sent a draft bill to Congress to regulate arbitration. The Arbitration Act largely incorporates the 1985 UNCITRAL Model Law…

Arbitrator Intelligence, Latin America

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Arbitrator Intelligence

We write in our capacity as Arbitrator Intelligence’s “Country Team Leaders” with an update about Arbitrator Intelligence’s Latin American Campaign. As most Kluwer readers know, Arbitrator Intelligence (AI) aims to promote transparency, diversity and accountability in arbitrator appointments. The primary means to this end is the Arbitrator Intelligence Questionnaire (or AIQ). The AIQ is a…

Arbitration, Brazil, Latin America, Litigation, Third party funding

, (Woodsford Litigation Funding)/ /Leave a comment

Litigation finance continues expand rapidly on a global basis, including in Latin America. The region’s code-based civil systems generally permit litigation funding and the continued growth in arbitration make it an attractive market for funding. Brazil, as the region’s largest economy, and with a well-developed and sophisticated legal system, is leading the way.  Moreover, local practitioners…

Arbitrator Intelligence, Arbitrators, Latin America, Peru

(Bocconi University) and (Bullard Falla Ezcurra +)/ /Leave a comment
Arbitrator Intelligence

One of the most critical moments in any international arbitration is the appointment of arbitrators. As Rusty Park has explained, “just as ‘location, location, location’ comprise the three key elements in sustainable real estate value, so it has been observed that ‘arbitrator, arbitrator, arbitrator’ endure as the most critical factor in the integrity of any…

Brazil, CFIA, Development, foreign direct investment, Investment agreements, Investment law, Latin America

(University of São Paulo, Institute of International Relations)/ /Leave a comment

Brazil has recently executed two new Cooperation and Facilitation Investment Agreements (“CFIAs”) with the Federal Democratic Republic of Ethiopia on April 11, 2018; and with the Republic of Suriname on May 2, 2018. These are, respectively, the 7th and the 8th CFIAs that Brazil has executed since 2015 (the former ones were executed with Chile,…