In 2011, the Institute for Transnational Arbitration (ITA) published its inaugural Guide to Arbitral Institutions in Latin America and an accompanying “Scoreboard.” That guide concluded that “[t]he…
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…
Daniel Kahneman, Nobel laureate in economics, in Noise: A flaw in human judgment defines “noise” as unwanted variability in judgments. Whereas biases are systematic errors, noise refers to similar…
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…
Traditionally, arbitration commentary has held that arbitrators, unlike courts, lack imperium —meaning they do not possess enforcement powers. In other words, arbitrators have never been regarded as…
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…
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…
After concluding the first day of the 22nd ICC Miami Conference with a dinner and a fun party that kept the attendees dancing until late at night, the conference promptly resumed the next morning…
Costa Rica has long been heralded as a beacon of political, social and economic stability in the Americas. Its respect for the rule of law, coupled with a strong commitment to the peaceful resolution…
