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…
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…
On September 19, 2022, the Guatemalan Congress enacted the Act for Promotion of Investment of Foreign Capital, 46-2022 (Ley de Fomento de Inversión de Capital Extranjero) (the “Act”), which came into…
US energy company TECO Guatemala Holdings, LLC (“TECO”) was awarded additional damages in a resubmitted ICSID claim against the Republic of Guatemala under the Dominican Republic-Central America-…
The amparo is a constitutional action available in several Latin American countries by means of which a person can request the protection of her fundamental rights when an authority has violated or…