In 2004, Chile enacted Law No. 19.971 on International Commercial Arbitration (“LACI”) based on the UNCITRAL Model Law of 1985 (“Model Law”). This note describes, without assessing its merits, how…
“Corporations have their own global private court system – called ISDS – which they use to bully governments. But many victims of corporate human rights abuses don’t have any way of winning justice…
Ecuador distanced itself from the International Centre for Settlement of Investment Disputes (“ICSID") system more than a decade ago. During this period, Ecuador withdrew from all its bilateral…
In the case of Santamarta v Venezuela, the dispute involved a dual national of Venezuela and Spain, who filed a claim against Venezuela for allegedly obstructing Santamarta's pharmaceutical business,…
A recent ruling by the Chilean Supreme Court has clarified the extent of control that Chilean tribunals can exert when reviewing the procedural rules applied in arbitration awards seeking recognition…
On Friday 8 September 2023, the ICC International Court of Arbitration (‘ICC Court’) hosted a panel on the interaction between arbitration and national courts titled “Arbitration and National Courts …
The Guatemalan Constitutional Court (“Court”) recently ruled that a dispute can be too complex for an arbitral tribunal to decide for the umpteenth time.
For context, the Court has jurisdiction to…
Generally, by virtue of the principle of territoriality, the national courts of a State have jurisdiction only over persons and acts committed within the territory. In this context, the national…
On 16 June 2023, the Brazilian Superior Court of Justice (“STJ”) resolved the Appeal in Special Appeal n. 1,905,505/SP (“Appeal”), reported by Justice Francisco Falcão. The decision was appealed, so…
