International Commercial Arbitration

There is a long history concerning international commercial arbitration in Latin America. At the epicenter of this discipline are the questions about the validity of arbitration agreements and clauses, and the enforcement of foreign arbitral awards in Latin American jurisdictions. For decades there existed a perceived hostility from Latin American governments and private parties towards international commercial arbitration. However, starting in the decade of the 1990s, an increasingly “arbitration friendly” environment developed in the region. Thus, we see that many Latin American countries have ratified the 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards and the 1975 Inter-American Convention on International Commercial Arbitration. Yet most countries in the region have enacted international commercial arbitration statutes (Mexico in 1993; Guatemala in 1995; Brazil and Peru in 1996; Argentina, Bolivia, Costa Rica, and Ecuador in 1997; Colombia and Venezuela in 1998; Panama in 1999; Honduras in 2000; Paraguay in 2002; and Chile in 2005). The main economic centers in the region also count with progressively more structured and professional private arbitration centers. In sum, it can be safely stated that as more and more companies turn to international commercial arbitration in the region, that discipline is here to stay in the long haul. This is the reason we are ready to assist you with your needs in this regard. Click  for a review of articles written and presentations given by Dante Figueroa on the subject of International Commercial Arbitration. Below is a list of materials that may help you get started become familiarized with Business Law in Latin America.

Joshua Briones, Is International Arbitration in Latin America in Danger?, 16 L. & Bus. Rev. Am. 131 (2010)

Jonathan C. Hamilton, Three Decades of Latin American Commercial Arbitration, 30 U. Pa. J. Int’l L. 1099 (2009)

Horacio A. Grigera Naón, Competing Orders Between Courts of Law and Arbitral Tribunals: A Latin American Experience, 739 PLI/Lit 663 (2006)

R. Doak Bishop, The United States’ Perspective Toward International Arbitration with Latin American Parties, 8-AUT Int’l L. Practicum 63 (1995)

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