Litigation and Arbitration

The new regulation treats it as a social right and introduces important new features ranging from the creation of a kind of sandbox for the development of mobility projects to the amendment of the Workers’ Statute to promote sustainable work-related travel.
With this regime’s entry into force, companies must implement new mechanisms towards the prevention of risks of corruption and related infringements. Companies have one year to finalize the full adaptation of their compliance programs or endow their organization with all the necessary means to implement, review and control an effective system for preventing cases of corruption or face the regulatory penalty regime (with fines for companies that may reach 44,891.81 euros) that is drawing nearer.
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 health crisis, these proceedings were generally processed by way of hardcopy documents and required the lawyers, parties and third parties to appear in person, without involving the use of technology enabling more efficient and swifter processing, which has long been an integral part of commercial arbitration proceedings. Below we take a look at the changes experienced in Chile, Colombia, Mexico and Peru.
2021 has proven to be an interesting year for arbitration. Among some of the most important and commented news of the past year, we highlight the Spanish Constitutional Court judgements limiting the scope of the “public order” concept as a cause for annulment of awards, the on going renewable energy dispute saga in Spain, the protectionist drift some countries and regions are experiencing in their investment and arbitration legislation, the return of Ecuador to the international investment dispute resolution system through its re-accession to the ICSID convention. We can also highlight the European Court of Justice´s 'Komstroy' decision effectively forbidding intra-EU arbitration under the Energy Charter Treaty (ECT), as well as the publication of the 2020 IBA Rules on the Taking of Evidence in International Arbitration.