Factual Background In “Milantic Trans SA (“Plaintiff”) v. Ministry of Production (RĂo Santiago Shipyard et al.) (“Respondent”) the Plaintiff requested the recognition and enforcement of two awards rendered by an arbitral tribunal seated in London, England (“Arbitral Tribunal”). The award on the merits was issued on November 15, 2004. The award on court costs and attorneys’ fees was issued on July 1, 2005. Decision of the Court of First Instance On November 17, 2006, the…
On March 07, the Brazilian Federal Attorneys’ Office (“AGU”) established in its Ruling 42 (Portaria Normativa 42), the…
A. LEGISLATION AND RULES A.1Â Â Â Â Â Â Legislation A.1.1. Brazilian Judiciary regulates arbitral letters for communications between arbitrators and judicial…
A. LEGISLATION AND RULES A.1      Legislation Chile continues to have a dual legal framework in the field. Domestic arbitration is ruled by the Organic Code of Courts (OCC) and the Code of Civil Procedure (CCP), whereas international arbitration is governed by Act No. 19,971 on International Commercial Arbitration (“ICA Act”), which came into force in September 2004 and it is mostly a replica of the UNCITRAL Model Law. Chile is also a signatory to the…
A. LEGISLATION AND RULES A.1Â Â Â Â Â Â Legislation International arbitration in Venezuela continues to be governed by the Commercial Arbitration…
A. LEGISLATION AND RULES A.1Â Â Â Â Â Â Legislation International arbitration in Argentina continues to be governed by (i) the National…
A. LEGISLATION AND RULES A.1Â Â Â Â Â Â Legislation International arbitration in Mexico continues to be governed by the Code of Commerce, which incorporates the provisions of the UNCITRAL Model Law of 1985 in its relevant section. The Code of Commerce was enacted in 1889, and its last amendment on arbitration took place in 2010. Mexico is also a signatory to the New York and Panama Conventions on the enforcement of foreign arbitral awards. Regarding Investment Arbitration, Mexico…
A. LEGISLATION AND RULES A.1Â Â Â Â Â Â Legislation International arbitration in Colombia continues to be governed by Law 1563 of…
Introduction It is this time of the year again: most major arbitration institutions have published[1] their statistical reports,…
The Brazilian Justice Counsel published on September 29, 2021 a decision regulating arbitral letters, which are the instruments foreseen in Brazilian Arbitration Act and in 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 issue certain coercive orders, such as to freeze bank accounts, seize assets or compel a witness to appear in a hearing. For such coercive…