The effects of the pandemic have prompted Latin American governments to adopt measures to promote public-private partnerships (PPPs), public works and privatizations. Garrigues provides an analysis of the situation and trends in the infrastructure and project finance markets in Latin America, where these types of projects are clearly on the rise.
When negotiating a corporate merger or acquisition, both buyers and sellers would benefit from agreeing to and contractually specifying their position about sandbagging, which is when a buyer knows that a seller’s representation or warranty is false or inaccurate but goes ahead and signs the agreement in order to later pursue a claim against the seller. In this article, we will look at how this situation is regulated in Colombia, Mexico, Chile, Brazil and Peru, as well as existing case law in that regard.
Renting or leasing residential properties has its own legislation in the various Latin American jurisdictions, for both private renters and professional investors alike. In this article we look at multifamily properties, a type of property with its own peculiar characteristics that requires a more careful legal analysis. Here Garrigues Latam legal professionals tackle the legal challenges that need to be considered when assessing and conducting a multifamily property business, and describe how a few of these problems are dealt with under the legislation in force in Mexico, Colombia, Brazil, Peru and Chile.
Some Latin American countries have seemed reluctant to incorporate in their domestic laws the measures proposed by of the Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean (the Escazú Agreement). We provide an overview of the current position of Chile, Colombia, Peru, Mexico and Brazil in respect of this international treaty, signed on March 4 2018 in Costa Rica, and due to enter into force on April 22 2021.
Debt markets continue to feel the calming —even sedative— effects of the battery of support measures rolled out to counteract the decline in business activity due to the effects of COVID-19. Jumbo deals involving non-performing loans (NPLs) are expected to resume in the last quarter of 2021. Until then, we will witness two very interesting developments: single name sales and the appearance of new players in the debt market.