Investor-State arbitration (“ISA”) has been criticised for giving investors room to pressure host states. While most ISA cases proceeded all the way to the issuance of arbitral awards, around one…
In the appeal no. 1129029-43.2024.8.26.0100, judged on November 18, 2025, the São Paulo Appellate Court (TJSP), the largest in Latin America, rendered a decision that disrespects the independence of…
Investment treaties are necessarily incomplete. Not every contingency can be anticipated, and silence is an inherent feature rather than a defect. Some omissions are more relevant than others. There…
On 17 October 2025, the Tribunal in Riverside Coffee v. Nicaragua delivered its Award in a dispute where an avocado farm investment clashed with Nicaragua’s national security interests during a time…
Brazil is a significant participant in international trade, and with the signing of the Mercosur- European Union trade Agreement and the continued growth of export of Brazilian products to Asian…
Latin America continued to play a central role in the global investment arbitration landscape in 2025. While the year did not witness sweeping treaty reform, it was marked by an increased reliance on…
On 30 June 2025, the tribunal in ICSID Case No. ARB/20/46 (“Tribunal”) issued its final award (“Award”), ordering the Republic of Peru (“Peru”) to pay USD 40 million to a Canadian investor, Lupaka…
In celebration of its 25th anniversary, the Center for Arbitration and Mediation of Amcham (“CAM-AMCHAM”) held its VIII Arbitration Congress (“VIII CAM-AMCHAM Congress” or simply “Congress”) in São…
In most jurisdictions, annulment of international commercial arbitration awards is an exceptional relief, subject to strict grounds set forth in the relevant legislation. Such awards are presumed…
