Lima
Mergers and acquisitions in Chile, Colombia, Mexico and Peru: key points to consider
In current M&A practice, when talking about transactions of a certain size, it is important to take economic competition factors into account, and a preliminary and important element that especially needs to be considered is what the merger…
NPL and REO transactions continue to take off in Latam, Spain and Portugal
NPL transactions continued to take off in the third quarter of 2021. A growing interest in NPL securitizations has been perceived, especially in Spain. In Europe, meanwhile, talks continue on two key topics: the draft directive on credit purchasers…
Social bonds gain ground in Latin America
Latin America and the Caribbean was the region with the fastest growing thematic bond market globally. This context prompts interest in the impact of sustainable investment and the potential of social bond issuances in Latin America, as well as how…
Peru moves forward in fintech regulation: The SBS approved the Regulation of Innovative Models
February 1, 2022 is the key date, when the new Regulation for the temporary performance of activities in innovative new models will come into force.
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…
Latin American Viewpoints - July 2021
NPLs and REOs: LatAm, Spain and Portugal wake up to debt market new normal
Transactions with non-performing loans (NPLs) started to take off in the second quarter of 2021, especially in Spain and Portugal. The gradual fading in continental Europe of the health impact of COVID-19, combined with the progress made in…
Software as a Service (SaaS): a challenge posed by highly complex tax rules in a digital and interconnected world
Software as a Service or SaaS, which allows remote technological support to be offered across borders, raises various questions in tax matters in an interconnected world. In this article, Garrigues tax experts analyze the tax treatment of SaaS in…
The fintech industry is making inroads in Latin America with new legislation
The different jurisdictions in the Latin American region are proposing new regulatory schemes on 'fintech' matters. In this article we analyze the main regulatory trends in Chile, Colombia, Mexico, Peru and Brazil.
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…
Peru: Indecopi approves Guidelines for the Calculation of Notification Thresholds under the Merger Law
The Antitrust Commission of Indecopi (AC) has approved the final version of the Guidelines for the Calculation of Notification Thresholds, through Resolution 022-2021/CLC-INDECOPI published on June 1, 2021, as part of the implementation of the…
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…