Argentina,Chile,Mexico,Peru,Puerto Rico,United States
26 October 2020 • 47 minute read
Americas Arbitration Roundup
| Welcome to the first edition of Americas Arbitration Roundup |
| Many businesses have been turning to international arbitration for its greater flexibility, confidentiality and, crucially, prospects for enforcement. With courts closed due to the global pandemic, and civil litigation at a minimum delayed as a result thereof, even more commercial parties are taking a closer look at arbitration as a means to efficiently resolve their cross-border disputes. In this first edition of Americas Arbitration Roundup, our thought leaders across the region provide updates on recent key developments in international arbitration in the Americas. As always, we welcome your questions or feedback. |
| | |  | | | USMCA investor-state dispute settlement provisions: key differences for Mexico American trade and investment | | By Gerardo Lozano, Pedro Manzano and Carlos Guerrero | A closer look at the investor-state dispute settlement provisions in the USMCA from a Mexico perspective.
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 | | | Brazil: will COVID-19 mean more arbitrations against public entities? | | By Vinicius Pereira and Felipe Hermanny | Recent Brazilian trends in arbitrations brought against public bodies, and considerations for private entities in this context.
Read more » | | |  | | | US: four significant developments in arbitration case law | | By Kiera S. Gans, Elizabeth Callahan and Charlotte Westbrook | US-style discovery in international arbitration under 28 U.S.C. § 1782; compelling arbitration on the basis of equitable estoppel; class-wide arbitration when the arbitration agreement is ambiguous; and the US District Court for the District of Columbia as a default venue for ICSID award enforcement.
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 | | | Peru: top developments in international arbitration | | By Carlos Nuñez, Billy Franco and Diego Parra | Among top developments: AmCham Peru appoints a majority of women to its Court of Arbitration, making it the first female-majority court in Peru; and arbitral bodies in Peru have established rules and protocols so that proceedings may resume electronically during the pandemic.
Read more » | | |  | | | Canada: third-party litigation funding, enforcement of arbitral awards, admissibility of fresh evidence during court review | | By Brendan Clancy | Three recent Canadian judicial decisions touching, variously, on third party-litigation funding, enforcement of international arbitral awards, and admissibility of fresh evidence during court review of an arbitral tribunal’s decision on jurisdiction.
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 | | | Puerto Rico: legal and practical aspects of international arbitration | | By Mariana Muñiz | A closer look at arbitration agreements with public entities and in distribution agreements.
Read more » | | |  | | | Chile: drafting arbitration clauses in international contracts – practical aspects | | By Macarena Iturra | A practical look at the process of drafting arbitration clauses in international contracts.
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 | | | Venezuela: recent, significant commercial arbitration developments include several Supreme Tribunal cases | | By Marlon M. Meza | An STJ decision from early 2020 places the autonomy of arbitrators over the arbitral process at risk; and we describe revised, and new, rules from CEDCA.
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