Publications - Dispute Resolution: Litigation and Arbitration
Investment arbitration on the rise in Latin America
We look at new trends in investment arbitration in Colombia, Chile, Peru and Mexico, and provide a few figures on recorded cases and industries with the largest number of disputes.
Dispute resolution clauses in energy projects in Latin America
In recent years, the number of infrastructure projects in the energy sector in Latin American countries has increased, and therefore, the possibility of disputes arising relating to them. In this article we discuss primarily dispute resolution…
Investment arbitration in Latin America: figures and trends in Chile, Colombia, Mexico and Perú
The growth of investment arbitration in the region is explained by the political and economic climate. In this article we look at the case statistics in each country, along with the outlook for the near future.
COVID-19 prompts modernization of justice systems in Latin America
The COVID-19 pandemic has adversely impacted on processing times for cases before the civil courts in Latin America. It has also had the effect, however, of accelerating a modernization of the proceedings conducted before these courts. Before the…
Investment arbitration news in America: the use of discovery, Ecuador's return to the ICSID Convention and Colombia's success in investment disputes
Investment arbitration has not been without its critics in recent years. Following the Achmea decision, which it has been said drove a stake through the heart of investment arbitration in the European Union, this mechanism has prompted criticism and…
Andean Community arbitrators need to request a preliminary interpretation in order to apply community laws
The Andean Community Court of Justice (Tribunal de Justicia de la Comunidad Andina or TJCA) has clarified the cases in which arbitrators can request a “preliminary interpretation” (interpretación prejudicial) in the arbitration…
Reform of the Peruvian Arbitration Law: a threat to international arbitration in the country?
On 17 February, the Peruvian Congress presented Bill No. 7161/2020-CR amending the Arbitration Law, which alters some of the requirements for arbitrations in Peru. The aim of the reform, it has been pointed out, is to include minimum quality…
COVID-19: The law on fortuitous events or 'force majeure' and termination of contract due to unforeseen circumstances in Latin America
The situation caused by the pandemic has brought an increase in breach of contract proceedings around the world, including in Latin America. It is therefore helpful to know how concepts such as fortuitous, force majeure, and hardship events are…
The effects of COVID-19 on international arbitration in Latin America
International arbitrations are not associated with any particular jurisdiction, and in Latin America and elsewhere, most arbitral institutions keep handling arbitral proceedings and enabling them to continue, despite COVID-19, by using available…
Impact of the reform of the Peruvian Arbitration Law following the Odebrecht case
The Peruvian Government has amended its Peruvian Arbitration Law due to the pressure of the Odebrecht case. We analyse, from a critical perspective, the impact and consequences of these amendments brought by the Urgency Decree No. 020-2020.
A Bill poses a threat to quality assurance in arbitrations in Peru
Arbitrator quality defines the quality of the process, and of the decision