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Latin America

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In Brazil

Myths Debunked: Preferences for Arbitration and Litigation

by 5 Mins Read

No training programme for first year arbitration associates is complete without an exploration of the advantages of arbitration versus litigation. Young lawyers learn the attractions of confidentiality and the enforcement benefits of the New York Convention. They hear the risks of finality and potential lack of predictability. Ultimately, we explain these to our clients, who make the decisions. Similarly, many surveys in our industry start with the same question: do you prefer arbitration or litigation?…

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In Brazil

Baker McKenzie International Arbitration Yearbook 2021-2022 – Brazil

by 16 Mins Read

A. LEGISLATION AND RULES A.1       Legislation A.1.1. Brazilian Judiciary regulates arbitral letters for communications between arbitrators and judicial courts On 29 September 2021, the Brazilian Justice Counsel (the institution supervising Judiciary Power) issued a regulation on arbitral letters, which are the instruments foreseen in the Brazilian Arbitration Act and the Brazilian Code of Civil Procedure for communications between arbitral tribunals and judicial courts. Although arbitrators are equivalent to judges, they do not have powers to…

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In Argentina

Baker McKenzie International Arbitration Yearbook 2021-2022 – Argentina

by and 12 Mins Read

A. LEGISLATION AND RULES A.1       Legislation International arbitration in Argentina continues to be governed by (i) the National Civil and Commercial Code (2015), (ii) the Law on International Commercial Arbitration (2018) and (iii) the New York Convention, to which Argentina is a signatory. No legislative amendments have been made since their enactment. A.2       Institutions, rules and infrastructure By 2021, local arbitration institutions’[1] proceedings were already adapted to the COVID-19 pandemic, with the conduction of virtual…

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In Asia-Pacific

Arbitration Statistics 2020 – In Full Sail Through the COVID Storm

by and 6 Mins Read

Introduction It is this time of the year again: most major arbitration institutions have published[1] their statistical reports, giving us the opportunity to take a closer look at their numbers. As usual[2], we start off comparing the caseload of various arbitration institutions. We then examine other relevant data such as the total amount in dispute, the number of emergency or expedited procedure applications, arbitrator challenges, and figures on diversity to understand the direction arbitration is…

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