Litigation and Arbitration

The European Court’s recent judgment tackles the relationship between arbitration and the recognition and enforcement of judgments in Member States and the existence of more than one judicial decision on the same matter. 
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.