International Arbitration In Latin America

Author : Gloria M. Alvarez,Mélanie Riofrio Piché,Felipe V. Sperandio
Publisher : Kluwer Law International B.V.
Page : 462 pages
File Size : 40,5 Mb
Release : 2021-04-08
Category : Law
ISBN : 9789041199737

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International Arbitration in Latin America by Gloria M. Alvarez,Mélanie Riofrio Piché,Felipe V. Sperandio Pdf

Energy projects in Latin America are a major contributor to economic growth worldwide. This book is the first to offer a comprehensive, in-depth analysis of specific issues arising from energy and natural resources contracts and disputes in the region, covering a wide range of procedural, substantive, and socio-legal issues. The book also includes how states have shifted from passive business partners to more active controlling players. The book contains an extensive treatment and examination of the particularities of arbitration practice in Latin America, including arbitrability, public order, enforcement, and the complex public-private nature of energy transactions. Specialists experienced in resolving international energy and natural disputes throughout the region provide detailed analysis of such issues and topics, including: state-owned entities as co-investors or contracting parties; role of environmental law, indigenous rights and public participation; issues related to political changes, corruption, and quantification of damages; climate change, renewable energy, and the energy transition; force majeure, hardship, and price reopeners; arbitration in the electricity sector; take-or-pay contracts; recognition and enforcement of awards; tension between stabilization clauses and human rights; mediation as a method for dispute settlement in the energy and natural resources sector; and different comparative approaches taken by national courts in key Latin American jurisdictions. The book also delivers a clear explanation on the impact made to the arbitration process by Covid-19, emerging laws, changes of political circumstances, the economic global trends in the oil & gas market, the energy transition, and the rise of new technologies. This invaluable book will be welcomed by in-house lawyers, government officials, as well as academics and rest of the arbitration community involved in international arbitration with particular interest in the energy and natural resources sector.

Author : Blackaby
Publisher : Unknown
Page : 128 pages
File Size : 40,7 Mb
Release : 2024-06-13
Category : Electronic
ISBN : 9041125086

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International Arbitration in Latin America by Blackaby Pdf

Author : Christian Leathley
Publisher : Kluwer Law International B.V.
Page : 442 pages
File Size : 48,5 Mb
Release : 2007-01-01
Category : Law
ISBN : 9789041124616

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International Dispute Resolution in Latin America by Christian Leathley Pdf

"As a complete and consolidated text on the bilateral, multilateral and sub-regional institutions that operate in Latin America and the Caribbean, International Dispute Resolution in Latin America: An Institutional Overview will be of great interest to corporate counsel, international lawyers, and business people, as well as to students of international dispute resolution and international affairs. Public officials in the region will appreciate the book's assistance in enabling them to decipher the institutional labyrinth which currently exists in Latin America."--BOOK JACKET.

Author : Nigel Blackaby
Publisher : Springer
Page : 0 pages
File Size : 45,7 Mb
Release : 2003-01-01
Category : Law
ISBN : 9041118217

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International Arbitration in Latin America by Nigel Blackaby Pdf

The last few years, even months, have seen radical changes in commercial arbitration in almost every Latin American jurisdiction. International Arbitration in Latin America is a first of its kind publication that provides the lawyer, arbitrator, and businessperson with a thorough overview of the current status of international arbitration in the region. Freshfields Bruckhans Deringer's Nigel Blackaby, Clifford Chance's David Lindsey, and Argentine lawyer Alessandro Spinillo have joined with others in the field of arbitration in Latin America to compile the first comprehensive review of commercial arbitration in major Latin American jurisdictions as well as notable developments in the use of arbitration mechanisms contained in bilateral and multilateral investments treaties and free trade agreements. The book provides not only a detailed analysis of the law, but also insight from local practitioners into the culture of arbitration and how the law is applied. Features of the book include a comprehensive and thorough overview of commercial arbitration in Latin America; a detailed analysis of the law and insight from local practitioners from Argentina, Brazil, Chile, Colombia, Ecuador, Mexico, Peru, and Venezuela; a brief look at the rules and peculiarities of the proposed Mercosur International Commercial Arbitration Agreements entered into by Argentina, Brazil, Paraguay, Uruguay, Bolivia, and Chile, whose eventual ratification and coming into force is contemplated; an examination concerning the adoption of arbitration as a method of dispute resolution for investors against states under bilateral investment treaties, over 300 of which have now been signed in the region; the text of the key sections of the international conventions to which reference is made (Panama Convention, NAFTA, Mercosur); and it also describes the increasing use of alternative dispute resolution in Latin America and how it might be best used as a complement for arbitration proceedings, with an emphasis on complex projects where staged dispute resolution might be appropriate.

Author : International Bar Association. Conference
Publisher : Springer
Page : 146 pages
File Size : 46,6 Mb
Release : 1999-06-23
Category : Law
ISBN : UTEXAS:059173007491867

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Enforcement of Arbitration Agreements in Latin America:Papers Presented at the 1998 Vancouver IBA Conference by International Bar Association. Conference Pdf

In this book, The leading experts in international commercial arbitration presented their point of view from their respective countries on the present situation of arbitration in Latin America. They reached the conclusion that international commercial arbitration in Latin American countries is currently in a state of good health, after analyzing: The general ratification of the international arbitration regulatory conventions. The legislative amendments enacted in the different parliaments. The judicial activity in Latin American countries, In which case law, with its inevitable surprises, follows the lines of the best case law in countries familiar with arbitration. The widespread participation on behalf of Latin American companies together with their legal advisors in arbitration proceedings is quite effective, not so much as the defendant party, but in many cases, As aggressive plaintiffs. Many ad hoc arbitrations are being held, but, above all, The statistics from the arbitration administrative institutions demonstrate the importance of arbitration in Latin America. The usage of bi- or multilateral treaties of international public law to protect investments, As a basis for setting up the arbitral proceedings for international private law, confirms the prosperity of arbitral proceedings in Latin America.

Author : Omar E. García-Bolívar,Hernando Otero
Publisher : Martinus Nijhoff Publishers
Page : 308 pages
File Size : 48,5 Mb
Release : 2014-10-31
Category : Law
ISBN : 9789004284364

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Recognition and Enforcement of International Commercial Arbitral Awards in Latin America by Omar E. García-Bolívar,Hernando Otero Pdf

The editors of Recognition and Enforcement of International Commercial Arbitral Awards in Latin America: Law, Practice and Leading Cases, present a country by country review of the law, practice and leading cases on the recognition and enforcement of international arbitration awards in the region.

Author : Alejandro Miguel Garro
Publisher : Juris Publishing, Incorporated
Page : 500 pages
File Size : 52,6 Mb
Release : 2001
Category : Arbitration and award
ISBN : 1578230640

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Arbitration Law & Practice by Alejandro Miguel Garro Pdf

This volume offers a guide to the practitioner on commercial arbitration law and practice in Latin America. It includes English translations of arbitration statutes with commentary. Countries covered: Argentina, Bolivia, Brazil, Chile, Colombia, Costa Rica, Ecuador, Guatemala, Mexico, Panama, and Venezuela.

Author : Gonzalo De Quesada
Publisher : Kessinger Publishing
Page : 152 pages
File Size : 52,5 Mb
Release : 2009-01
Category : Literary Collections
ISBN : 1104017474

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Arbitration in Latin America by Gonzalo De Quesada Pdf

This scarce antiquarian book is a facsimile reprint of the original. Due to its age, it may contain imperfections such as marks, notations, marginalia and flawed pages. Because we believe this work is culturally important, we have made it available as part of our commitment for protecting, preserving, and promoting the world's literature in affordable, high quality, modern editions that are true to the original work.

Author : Jonathan C. Hamilton,Omar E. Garcia-Bolivar,Hernando Otero
Publisher : Martinus Nijhoff Publishers
Page : 646 pages
File Size : 48,8 Mb
Release : 2012-05-10
Category : Law
ISBN : 9789004218642

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Latin American Investment Protections by Jonathan C. Hamilton,Omar E. Garcia-Bolivar,Hernando Otero Pdf

Latin American Investment Protections provides a unique country-by-country discussion of legal protections and dispute resolution/arbitration relating to foreign investment in Latin America, including applicable national laws, international treaties, stabilization regimes and known investor-State disputes.

Author : Nitish Monebhurrun
Publisher : Springer Nature
Page : 275 pages
File Size : 49,5 Mb
Release : 2024-06-13
Category : Electronic
ISBN : 9783031493829

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International Investment Law and Arbitration from a Latin American Perspective by Nitish Monebhurrun Pdf

Author : Jan Kleinheisterkamp
Publisher : Unknown
Page : 0 pages
File Size : 42,6 Mb
Release : 2005
Category : Law
ISBN : 0379215365

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International Commercial Arbitration in Latin America by Jan Kleinheisterkamp Pdf

International commercial arbitration has undergone fundamental changes in most countries of Latin America in the last decade, especially in the countries of the MERCOSUR and the associated countries. This manual provides practitioners and scholars alike with quick access to and in-depth analysis of the laws of Argentina, Bolivia, Brazil, Chile (including the new law on international commercial arbitration of September 2004), Paraguay, and Uruguay, as well as of the relevant international treaties, such as the MERCOSUR-Agreements of 1998. The book follows the structure of the UNCITRAL-Model Law, which guarantees easy access to the sometimes complicated national laws. The direct topical comparative analysis provides for a deeper insight than mere country reports. Interviews with nearly 100 judges, lawyers, and scholars assure that the practical reality is well reflected in the analysis. A bilingual annex contains the English translations of all relevant legislation.

Author : Nitish Monebhurrun,Carolina Olarte Bacares,Marco Alberto Velasquez Ruiz
Publisher : Springer
Page : 0 pages
File Size : 43,6 Mb
Release : 2024-02-15
Category : Law
ISBN : 3031493818

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International Investment Law and Arbitration from a Latin American Perspective by Nitish Monebhurrun,Carolina Olarte Bacares,Marco Alberto Velasquez Ruiz Pdf

The book brings to light how Latin American states have traditionally stood before the field of International Investment Law and Arbitration. It delves into their posture of resistance to critically examine how their perspective has gradually changed and how they have adapted and molded their investment agreements so as not to leave their position as players in the field of International Investment Law. Many Latin American states have appeared as defendants before international investment tribunals and some of these, like Venezuela, Bolivia or Ecuador, have denounced their international investment agreements. Deeming the law field as imbalanced, they have looked for alternatives to continue providing legal protection to foreign investors while protecting their right to regulate in the name of public interest. Some interesting investment agreements models, sometimes of a different ilk, have consequently flourished and have arrested the attention of those studying or working with international investment law. The main objective of this book is to critically discuss how Latin American states have accepted, resisted, or adapted themselves to international investment law and arbitration. Accordingly, the general connection between these states and international investment law are explained in an introduction which examines the general trends as per which Latin American states have offered a legal protection to foreign investments. The first part enters the merits of where international investment law and arbitration stand in some Latin American states whereby the experience of Brazil, Chile, Argentina, Venezuela, and Uruguay are discussed. The following parts explain the trends in international investment law and arbitration in Latin America. These trends are namely related to dispute settlement and governance, to the connection between investment law and human rights and finally to regionalization. In these parts, the experience of states like Brazil, Colombia, Peru, and Mexico are perused.

Author : José Astigarraga
Publisher : Unknown
Page : 0 pages
File Size : 54,5 Mb
Release : 2023
Category : Arbitration and award
ISBN : 1804492515

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The Guide to International Arbitration in Latin America by José Astigarraga Pdf

"It provides guidance that will benefit all arbitration specialists in Latin America, one of the most important regions in the world for international arbitration , drawing on the expertise of highly sophisticated practitioners to draw out trends and give practitioners the tools they need to navigate the arbitration marketplace in the region today."--Back cover.

Author : Gonzalo De Quesada
Publisher : Gale, Making of Modern Law
Page : 156 pages
File Size : 48,8 Mb
Release : 2013-09
Category : Electronic
ISBN : 1289341672

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Arbitration in Latin America by Gonzalo De Quesada Pdf

The Making of Modern Law: Foreign, Comparative and International Law, 1600-1926, brings together foreign, comparative, and international titles in a single resource. Its International Law component features works of some of the great legal theorists, including Gentili, Grotius, Selden, Zouche, Pufendorf, Bijnkershoek, Wolff, Vattel, Martens, Mackintosh, Wheaton, among others. The materials in this archive are drawn from three world-class American law libraries: the Yale Law Library, the George Washington University Law Library, and the Columbia Law Library.Now for the first time, these high-quality digital scans of original works are available via print-on-demand, making them readily accessible to libraries, students, independent scholars, and readers of all ages.+++++++++++++++The below data was compiled from various identification fields in the bibliographic record of this title. This data is provided as an additional tool in helping to insure edition identification: +++++++++++++++Yale Law LibraryLP3Y005190019070101The Making of Modern Law: Foreign, Comparative, and International Law, 1600-1926Rotterdam: M. Wyt & Zonen, 19073 p. l., ix-xii p., 2 l., 136 p., 1 l. 24 cmNetherlands

Author : Mary Helen Mourra,Thomas E. Carbonneau
Publisher : Kluwer Law International B.V.
Page : 226 pages
File Size : 44,9 Mb
Release : 2008-01-01
Category : Law
ISBN : 9789041127853

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Latin American Investment Treaty Arbitration by Mary Helen Mourra,Thomas E. Carbonneau Pdf

Nowhere in the world has the process of investment treaty arbitration been more volatile or unpredictable than in Latin America. Although the rush of bilateral investment treaties (BITs) entered into by Latin American countries during the 1990s seemed to promise stable guarantees and security for investors, recent years have produced an ever increasing number of arbitrations before international tribunals involving claims by foreign investors amounting to millions and even billions of dollars. In many cases, the disputes have arisen from regulatory measures involving matters of public interest, including the general welfare, health, environment, security, or economy. In five deeply informative and challenging essays by well-known authorities in various aspects of Latin American and/or international investment legal practice, this book investigates the issues affecting arbitration of disputes invoking Latin American BITs. In-depth coverage includes the following: emerging controversies and conflicts, as well as the serious academic debates regarding varying interpretations of treaty terms by different arbitral tribunals; ICSID cases concluded to date against Latin American States and cases that have been dismissed on jurisdictional grounds; detailed analysis of non-precluded measures provisions, the state of necessity defence, and State liability for investor harms in exceptional circumstances (particularly in connection with water rights); a guide for government officials managing investment treaty obligations and investor-State disputes; procedural and substantive issues that States should consider in connection with their investment obligations and the handling of claims; and options available to address investment treaty provisions that States find troubling and the utility and effectiveness of the recommendations presented. The book demonstrates that there is a compelling need for States to develop greater awareness of their investment treaty obligations with a view to both diminishing the likelihood of claims and properly managing those that are submitted to arbitration. It describes the stocktaking process that should form part of any Stateand’s efforts to manage its investment treaty obligations and claims by investors that the State has breached those obligations. With specific recommendations for the effective administration of State obligations and investor-State disputes, the book offers eminently practical utility in addition to its penetrating theoretical analysis, and as such constitutes an enormously valuable resource for all parties concerned in Latin American investment.