Latin Arbitration Law - Articles
Chilean Appellate Court Rules on Applicability of International Arbitration Law
The Santiago Court of Appeals has upheld the applicability of Chile's law on international commercial arbitration. Relying on an analysis of retroactivity rules, the court held that the International Arbitration Law governs the procedure of disputes arising from contracts executed prior to its enactment, confirming at the same time the limited role of judicial courts in the conduct of arbitral proceedings. Read More
Peruvian Constitutional Court Rules on Arbitral Jurisdiction
A decision by the Peruvian Constitutional Court reaffirms Peru's commitment to arbitration as an effective means of dispute resolution, further consolidating a legal framework developed over the past two decades. The court examined the constitutional basis for arbitral jurisdiction and explicitly recognized the autonomy and independence of arbitral tribunals, holding... Read More
Colombian Constitutional Court Rulings on the Applicability of International Arbitration to State Contracts
The Colombian Constitutional Court has upheld the arbitrability of a contract dispute involving a State entity, el Departamento del Valle del Cauca, suggesting that parties are free to choose the procedural rules applicable to arbitrations involving state contracts. Read More
Latin American Arbitration in Comparative Perspective
After a history of hostility toward arbitration, Latin American countries have transformed the legal framework for arbitration in the region over the past decade or so. With respect to commercial arbitration, numerous countries have modernized their arbitration laws, usually based on the UNCITRAL Model Law on International Commercial Arbitration. Read More
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
Survey of Latin American Arbitration 2010
Latin America continues to experience rapid growth in the area of international arbitration. This has included growth of both treaty-based investment arbitration as well as commercial arbitration. Read More
Arbitration Agreements and the PEMEX Regulation
The legal framework of the Mexican public entity Petróleos Mexicanos and its subsidiaries (collectively and indistinctively "PEMEX"), which controls the Mexican oil industry, was amended in November 2008. These changes were the result of long and intense discussions between the main political actors in Mexico. Read More
US and Mexico Sign Choice of Court Treaty
On January 19, 2009, following Mexico, the United States became the second signatory to the Hague Convention on Choice of Court Agreements. Following the lead of the US, on April 1, 2009, the European Community became the third signatory to the Convention. Read More
Stability Guarantees in Aguaytia Energy, LLC v. Republic of Peru
The award in Aguaytía Energy, LLC v. Republic of Peru underscores the continuing importance of stability guarantees as tools for the promotion and protection of foreign investment. Stability guarantees have long been used in emerging markets to counter the risk faced by foreign investors of future changes in the legal framework applicable to their investments. Read More
Entry into Force of the United States-Peru Trade Promotion Agreement
With the enactment of the United States-Peru Trade Promotion Agreement, Peru was the second South American state (after Chile) to enter into a bilateral free trade agreement with the United States. The Agreement had been signed on April 12, 2006, and entered into force on February 1, 2009. Read More
