Latin America

236 articles available

After the Brazilian Superior Court held that arbitrators—not courts—shall hear requests for early production of evidence in non-urgent claims covered by an arbitration agreement, several leading…

In Junefield Gold v Ecuador, the Tribunal’s Majority recently issued a partial award on jurisdiction (“Award”) under Article 9(3) of the China-Ecuador BIT, finding that it has jurisdiction to…

In a recent decision, the Brazilian Superior Court of Justice ("STJ") reaffirmed its pro-enforcement stance toward foreign arbitral awards by granting recognition to two awards rendered in the United…

May parties contractually dissociate the forum competent to adjudicate annulment proceedings from the seat of the arbitration? In other words, may they choose one city as the arbitral seat while…

In investment arbitration, it is widely recognized that to benefit from the protection of an investment treaty, the investment must be legal. Tribunals assess this legality either because the treaty…

On March 18, 2025, the Office of the Paraguayan Presidency’s Legal Counsel submitted to the Paraguayan Arbitration and Mediation Center (the “Center”) its draft to modernize Law No. 1879/2002, the…

Critical minerals have recently become one of the most sought-after commodities. The clean energy transition and national security concerns have only boosted their demand. According to the…

Last 13th January 2025, the Centre for Arbitration and Mediation of the Brazil Canada Chamber of Commerce (“CAM-CCBC”), the biggest and oldest arbitral institution in Brazil, announced the approval…

On January 30, 2025, the Constitutional Court of Chile issued a decision regarding a request for inapplicability due to the unconstitutionality of certain provisions of Law No. 19,971 on…