Arbitration Law and Practice in Latin America - Second Edition
The countries of Latin America have distinct cultures, histories, economies and thus have different legal systems and approaches to international arbitration. The draw of foreign investment and interplay with stakeholders from the US, Europe and Asia have led to a dramatic increase in the use of commercial arbitration in this region. There has also been dramatic growth in the number of arbitrators and local arbitral institutions, even as distrust persists over the way arbitrations are handled. Brazil alone reportedly now attracts as many parties as France and Germany and today occupies fourth place in the ranking of most represented nationalities. Arbitration Law and Practice in Latin America - Second Edition provides unparalleled guidance on this complex and diverse area. Twenty-one experts in the field provide detailed commentary on the history and infrastructure of arbitration for their jurisdiction, as well as an analysis of the current law and practice covering key issues in arbitration. Together with their discussion of significant cases and an appendix of the relevant national legislation the reports are authoritative, but accessible, up-to-date and comprehensive. It is a must for practitioners and scholars alike and every party wishing to gain a solid footing in Latin American arbitration.
Argentina
Roque J. Caivano and Alejandro M. Garro
Bolivia
Fernando Aguirre B.
Brazil
Gilberto Giusti, Ricardo Dalmaso Marques, Fernanda Marques Dal Mas and Marília Machado Muchiuti
Chile
Andrés Jana
Colombia, Republic of
Eduardo Zuleta
Ecuador
Juan Manuel Marchan
El Salvador
Ricardo A. Cevallos and Harold C. Lantan
Guatemala
Luis Fernando Bermejo Quiñónez
Mexico
Reynaldo Urtiaga
Paraguay
José Antonio Moreno Rodríguez
Peru
Eduardo Barboza
Uruguay
Federico Florin, Santiago Gatica, Juan Manuel Rey, Andrea Rupenian and Mateo Noseda
APPENDICES
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BOLIVIA
Bolivian Conciliation and Arbitration Act (2015)
BRAZIL
Brazil Arbitration Act
ECUADOR
Arbitration and Mediation Law
General Process Organic Code (COGEP)
EL SALVADOR
Mediation Conciliation and Arbitration Law
GUATEMALA
Ley de Arbitraje/Arbitration Law--Decree 67-95 of Congress
MEXICO
Mexican Commercial Code--Title Four: Commercial Arbitration
PARAGUAY
Ley de Arbitraje y Mediación (No. 1879/2002) (Law No. 1879/02 on Arbitration and Mediation)
Professor Loukas Mistelis, LLB, MLE, FCIArb, is an acknowledged authority on international dispute resolution and investment treaty law. In 2006 he was listed as one of the “leading lights in international arbitration”, 45 under 45, amongst the top 15 highlighted members of the list, is listed on the Who’s Who Commercial Arbitration since 2007 and also a member of the ICSID Panel of Arbitrators as well as the recipient of the GAR Award for best arbitration lecture of 2013. He is also listed as one of the Thought Leaders in International Arbitration.
Loukas Mistelis is the Clive M Schmitthoff Professor of Transnational Commercial Law and Arbitration and the Director of the School of International Arbitration at the Centre for Commercial Law Studies, Queen Mary University of London. He joined Queen Mary University of London in 1998 and became a professor in 2005. He was also Visiting Professor, NYU in London (2006–2012), a Visiting Professor at Pepperdine University London program (2008–2011); he is Distinguished Visiting Professor, National University of Singapore (2013); he was Visiting Scholar at Columbia University Law School (spring semester 2007), Visiting Fellow at NYU Law School (2012), Visiting Professor at Keio University, Tokyo (2008), LUISS, Rome (2009) and Catholic University of Portugal, Lisbon (2007, 2009). He is coordinating the LLM specialisation in Comparative and International Dispute Resolution. He teaches at the LLM programs in London and Paris and is the coordinator of the courses in International Arbitration Law and Practice II, Investment Treaty Arbitration and Investment Arbitration: Substantive Protection and also teaches on the International Commercial Law and International Energy Transactions courses. In Paris Loukas Mistelis teaches International Investment Dispute Settlement, Regulation and Infrastructure of International Arbitration and Applicable Law and Procedures in International Arbitration. Loukas Mistelis has also developed directs our Diploma in International Arbitration by Distance Learning, the Diploma in International Mediation (ADR) by Distance Learning and the Diploma in International Arbitration, which is offered by CCLS with accreditation from the Chartered Institute of Arbitrators.
Professor Mistelis was the Secretary of the CISG-AC (Advisory Council of the Convention on Contract for the International Sale of Goods) from 2001 to the end of 2007. He is a member of the Academic Committee of the Institute of Transnational Arbitration, an academic member of the Investment Treaty Forum, British Institute of International and Comparative Law and a member of the Advisory Board of the EFILA (European Federation of Investment Law and Arbitration) and a member of the Academic Committee of AIPN, Chair of Academic Committee of the Civil Mediation Council and President of the Court of CEDRAC (Cyprus Eurasia Dispute Resolution & Arbitration Centre).
Professor Mistelis was educated in Greece (LLB Hons Athens 1991); France (Certificate in International & Comparative Human Rights, IIHR, Strasbourg, 1990); Germany (MLE, 1992, Law School, Hanover, Germany, 1998); and Japan (Certificate in Japanese international trade law, Law School, Keio University, Tokyo, 1998). He has been a member of the Athens Bar since 1993. He is fluent in English, German and Greek, and has good knowledge of French, and basic knowledge of Polish, Russian and Spanish. Member of Chartered Institute of Arbitrators (CIArb) since 2001, became Fellow of the CIArb (FCIArb) in December 2016.
Laurence Shore became a Partner at BonelliErede in September 2017 and is the Co-head of the firm’s international arbitration practice group. He is resident in the Milan office. Previously, Laurence practiced law in New York and London, where he was a partner at Herbert Smith (1999–2008, 2013–2017) and Gibson Dunn (2008–2013). Laurence has been the lead advocate in a large number of arbitration cases under, for example, the ICC, LCIA, ICDR, AAA, UNCITRAL, Cairo Regional Centre, and Swiss Rules. Laurence also has been called as an arbitrator on more than 25, ICC, ICDR and other arbitrations.
He has experience serving as co-arbitrator, tribunal chair and sole arbitrator in the following arbitral seats: New York, Connecticut, London, Geneva, Paris, The Hague, Montreal, Cairo, Tel Aviv and Cyprus. In addition to his work as an arbitration practitioner, Laurence has tried cases in the United States courts and in England’s High Court. His publications include “You Can Bet the Company but Not the State: The Proper and Improper Conduct of Sovereigns in Arbitration,” World Arbitration and Mediation Review (2009 Vol. 3, Nos. 4-5); “Arbitration, Rhetoric, Proof: The Unity of International Arbitration across Cultures,” in Contemporary Issues in International Arbitration and Mediation: The Fordham Papers (2009), Ed. A.W. Rovine (Martinus Nijhoff Publishers, 2010).
Professor Loukas Mistelis, LLB, MLE, FCIArb, is an acknowledged authority on international dispute resolution and investment treaty law. In 2006 he was listed as one of the “leading lights in international arbitration”, 45 under 45, amongst the top 15 highlighted members of the list, is listed on the Who’s Who Commercial Arbitration since 2007 and also a member of the ICSID Panel of Arbitrators as well as the recipient of the GAR Award for best arbitration lecture of 2013. He is also listed as one of the Thought Leaders in International Arbitration.
Loukas Mistelis is the Clive M Schmitthoff Professor of Transnational Commercial Law and Arbitration and the Director of the School of International Arbitration at the Centre for Commercial Law Studies, Queen Mary University of London. He joined Queen Mary University of London in 1998 and became a professor in 2005. He was also Visiting Professor, NYU in London (2006–2012), a Visiting Professor at Pepperdine University London program (2008–2011); he is Distinguished Visiting Professor, National University of Singapore (2013); he was Visiting Scholar at Columbia University Law School (spring semester 2007), Visiting Fellow at NYU Law School (2012), Visiting Professor at Keio University, Tokyo (2008), LUISS, Rome (2009) and Catholic University of Portugal, Lisbon (2007, 2009). He is coordinating the LLM specialisation in Comparative and International Dispute Resolution. He teaches at the LLM programs in London and Paris and is the coordinator of the courses in International Arbitration Law and Practice II, Investment Treaty Arbitration and Investment Arbitration: Substantive Protection and also teaches on the International Commercial Law and International Energy Transactions courses. In Paris Loukas Mistelis teaches International Investment Dispute Settlement, Regulation and Infrastructure of International Arbitration and Applicable Law and Procedures in International Arbitration. Loukas Mistelis has also developed directs our Diploma in International Arbitration by Distance Learning, the Diploma in International Mediation (ADR) by Distance Learning and the Diploma in International Arbitration, which is offered by CCLS with accreditation from the Chartered Institute of Arbitrators.
Professor Mistelis was the Secretary of the CISG-AC (Advisory Council of the Convention on Contract for the International Sale of Goods) from 2001 to the end of 2007. He is a member of the Academic Committee of the Institute of Transnational Arbitration, an academic member of the Investment Treaty Forum, British Institute of International and Comparative Law and a member of the Advisory Board of the EFILA (European Federation of Investment Law and Arbitration) and a member of the Academic Committee of AIPN, Chair of Academic Committee of the Civil Mediation Council and President of the Court of CEDRAC (Cyprus Eurasia Dispute Resolution & Arbitration Centre).
Professor Mistelis was educated in Greece (LLB Hons Athens 1991); France (Certificate in International & Comparative Human Rights, IIHR, Strasbourg, 1990); Germany (MLE, 1992, Law School, Hanover, Germany, 1998); and Japan (Certificate in Japanese international trade law, Law School, Keio University, Tokyo, 1998). He has been a member of the Athens Bar since 1993. He is fluent in English, German and Greek, and has good knowledge of French, and basic knowledge of Polish, Russian and Spanish. Member of Chartered Institute of Arbitrators (CIArb) since 2001, became Fellow of the CIArb (FCIArb) in December 2016.
Laurence Shore became a Partner at BonelliErede in September 2017 and is the Co-head of the firm’s international arbitration practice group. He is resident in the Milan office. Previously, Laurence practiced law in New York and London, where he was a partner at Herbert Smith (1999–2008, 2013–2017) and Gibson Dunn (2008–2013). Laurence has been the lead advocate in a large number of arbitration cases under, for example, the ICC, LCIA, ICDR, AAA, UNCITRAL, Cairo Regional Centre, and Swiss Rules. Laurence also has been called as an arbitrator on more than 25, ICC, ICDR and other arbitrations.
He has experience serving as co-arbitrator, tribunal chair and sole arbitrator in the following arbitral seats: New York, Connecticut, London, Geneva, Paris, The Hague, Montreal, Cairo, Tel Aviv and Cyprus. In addition to his work as an arbitration practitioner, Laurence has tried cases in the United States courts and in England’s High Court. His publications include “You Can Bet the Company but Not the State: The Proper and Improper Conduct of Sovereigns in Arbitration,” World Arbitration and Mediation Review (2009 Vol. 3, Nos. 4-5); “Arbitration, Rhetoric, Proof: The Unity of International Arbitration across Cultures,” in Contemporary Issues in International Arbitration and Mediation: The Fordham Papers (2009), Ed. A.W. Rovine (Martinus Nijhoff Publishers, 2010).
Argentina
Roque J. Caivano and Alejandro M. Garro
Bolivia
Fernando Aguirre B.
Brazil
Gilberto Giusti, Ricardo Dalmaso Marques, Fernanda Marques Dal Mas and Marília Machado Muchiuti
Chile
Andrés Jana
Colombia, Republic of
Eduardo Zuleta
Ecuador
Juan Manuel Marchan
El Salvador
Ricardo A. Cevallos and Harold C. Lantan
Guatemala
Luis Fernando Bermejo Quiñónez
Mexico
Reynaldo Urtiaga
Paraguay
José Antonio Moreno Rodríguez
Peru
Eduardo Barboza
Uruguay
Federico Florin, Santiago Gatica, Juan Manuel Rey, Andrea Rupenian and Mateo Noseda
APPENDICES
**IN ORDER TO DOWNLOAD THE APPENDICES, PLEASE CREATE A FREE ACCOUNT. ADD ANY OR ALL OF THE PDFS TO YOUR CART AND CHECKOUT.
NO CREDIT CARD INFORMATION WILL BE REQUIRED AT CHECKOUT AND THERE IS NO COST TO DOWNLOAD THEM**
BOLIVIA
Bolivian Conciliation and Arbitration Act (2015)
BRAZIL
Brazil Arbitration Act
ECUADOR
Arbitration and Mediation Law
General Process Organic Code (COGEP)
EL SALVADOR
Mediation Conciliation and Arbitration Law
GUATEMALA
Ley de Arbitraje/Arbitration Law--Decree 67-95 of Congress
MEXICO
Mexican Commercial Code--Title Four: Commercial Arbitration
PARAGUAY
Ley de Arbitraje y Mediación (No. 1879/2002) (Law No. 1879/02 on Arbitration and Mediation)