International Arbitration in Latin America - WAMR 2006 Vol. 17, No. 3

Author(s):

Nigel A. Blackaby

Sylvia Noury

Page Count:

18 pages

Media Description:

PDF from World Arbitration and Mediation Report (WAMR) 2006 Vol. 17, No. 3

Published:

March, 2006

Jurisdictions:

Practice Areas:

Author Detail:

Nigel Blackaby, Freshfields Bruckhaus Deringer

Sylvia Noury, Freshfields Bruckhaus Deringer

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INTERNATIONAL ARBITRATION IN LATIN AMERICA

Nigel Blackaby & Sylvia Noury

Freshfields Bruckhaus Deringer

[Excerpted with permission from the Latin Law Review (2005)]

Latin America continues to be a challenging region for

international arbitration practitioners. On the positive side, it now boasts a

full house of New York Arbitration Convention ratifications (with

Nicaragua the last member to join the club) and Chile has finally shaken

off its antiquated arbitration system in favor of an effective new law based

on the UNCITRAL Model Law on arbitration. Unfortunately, a similar

project in Colombia was shelved after it became embroiled in party

politics and Argentina's draft law remains frozen as the result of a

backlash of anti-arbitration sentiment following the unprecedented number

of ICSID arbitrations brought against the State.

The judiciaries in general continue to support arbitration and

uphold the States’ international obligations under the New York

Arbitration Convention. There have been, however, a few worrying

decisions in the last two years that suggest that some judges remain wary

of what they see as a competing parallel jurisdiction.