The Journal of Latin American Arbitration, Investment and Policy
2008 Dominican Republic Arbitration Law
The Dominican Republic enacted a new domestic arbitration statute in 2008. The law is fashioned after the Model Law of the United Nations Commission on International Trade Law (the "UNCITRAL Model Law"). Read More
The German Arbitration Institution ("DIS") And Project IberoAmericana
International arbitration proceedings involving parties from Latin America are gaining in importance or are at least drawing significant attention. The number of International Chamber of Commerce ("ICC") arbitration proceedings involving parties from Latin America, which are in part conducted in Spanish, has increased accordingly. German parties are also involved in these proceedings. Read More
Central America: Investor-State Dispute Resolution Under DR-CAFTA
The Free Trade Agreement between the United States, the Dominican Republic and several Central American states ("DR-CAFTA") creates a new free trade zone in the Americas and aims to encourage investment among ratifying countries by providing substantive and procedural protections to investors. Read More
2008 Peruvian Arbitration Law
Peru enacted a new domestic arbitration statute in 2008. The law is fashioned after the Model Law of the United Nations Commission on International Trade Law (the "UNCITRAL Model Law"). Read More
Ad Hoc Committee Issues Decision on Annulment in M.C.I Power Group L.C. and New Turbine Inc. v. Republic of Ecuador
ESTUDIO ECHECOPAR, LIMA, PERU. An ad hoc Committee rendered a Decision on October 19, 2009 rejecting Claimants’ application for annulment. The decision shows the high standard of review for a petition for annulment to survive, and it reminds us that annulment proceedings under Article 52 of the ICSID Convention cannot be used as an appeal mechanism considering that Ad hoc Committees have very limited and specific powers. Read More
Central America: Investor-State Dispute Resolution Under DR-CAFTA
The Free Trade Agreement between the United States, the Dominican Republic and several Central American states ("DR-CAFTA") creates a new free trade zone in the Americas and aims to encourage investment among ratifying countries by providing substantive and procedural protections to investors. Read More
Central America: Investor-State Dispute Resolution Under DR-CAFTA
The Free Trade Agreement between the United States, the Dominican Republic and several Central American states ("DR-CAFTA") creates a new free trade zone in the Americas and aims to encourage investment among ratifying countries by providing substantive and procedural protections to investors. Read More
Central America: Investor-State Dispute Resolution Under DR-CAFTA
The Free Trade Agreement between the United States, the Dominican Republic and several Central American states ("DR-CAFTA") creates a new free trade zone in the Americas and aims to encourage investment among ratifying countries by providing substantive and procedural protections to investors. Read More
Central America: Investor-State Dispute Resolution Under DR-CAFTA
The Free Trade Agreement between the United States, the Dominican Republic and several Central American states ("DR-CAFTA") creates a new free trade zone in the Americas and aims to encourage investment among ratifying countries by providing substantive and procedural protections to investors. Read More
Tribunal Issues Decision on the Application for the Revision of the Award in Víctor Pey Casado and Presidente Allende Foundation v. Republic of Chile
ESTUDIO ECHECOPAR, LIMA, PERU. An ICSID Tribunal recently concluded whether a revision claim could exist. The case illustrates how a claim for revision of an award requires an exhaustive compliance of the following elements: (a) the discovery of a new fact; (b) the fact has to be of such a decisive nature as to affect the award; (c) the fact has to be unknown by the Tribunal and the applicant when the award is rendered; and (d) the applicant’s ignorance of such fact is not due to negligence. Read More
