On March 19, 2020, the City of São Paulo enacted Law 17.324/2020, to foster out of court resolution of disputes. The purpose is to reduce litigation in the city, stimulate ADR’s and better manage the high volume of judicial lawsuits currently handled by the city attorneys. São Paulo shall implement a public policy to broaden the adoption of out of court solutions, to be coordinated by the chief-city attorney. Moreover, the new law has lowered…
We are pleased to announce that the latest edition of the Baker McKenzie International Arbitration Yearbook is now…
We are pleased to inform you that The Year Ahead 2020 – our publication looking at key developments…
CHILE Rodrigo Díaz de Valdés and Ignacio Naudon A. LEGISLATION AND RULES A.1 Legislation Arbitration in Chile continues to be primarily governed by the Organic Code of Courts (OCC), the Code of Civil Procedure (CCP) and Act No. 19,971 on International Commercial Arbitration (“ICA Act”). The ICA Act entered into force in September 2004, and it is mostly a replica of the UNCITRAL Model Law on International Commercial Arbitration. Chile is also a signatory to…
MEXICO Javier Navarro Treviño and Francisco Franco A. LEGISLATION AND RULES A.1 Legislation The Commercial Code (“Code”) governs…
BRAZIL Joaquim de Paiva Muniz, Luis Henrique Borghi, Bruna Silveira, Katherina Kuramoti Ballesta, Maria Clara Barros Mota, Frederico…
ARGENTINA Luis E. Dates and Santiago Maqueda 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 Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“New York Convention”), to which Argentina is a signatory party (1988). No legislative amendment has been made since their enactment. A. 2 Institutions,…
COLOMBIA Claudia Benavides A. LEGISLATION AND RULES A.1 Legislation Domestic and international arbitration in Colombia continues to be…
VENEZUELA Eugenio Hernandez-Breton, Maria Eugenia Salazar, Gabriel De Jesus, Hector Martinez, Maria Alejandra Ruiz, Maria Victoria Diaz. A.…
On September 20, 2019, Decree 10,025/2019 was enacted, to regulate arbitration with the Federal Union, federal administration entities and concessionaires of federal public services. The decree clarifies that the arbitration can resolve controversies on any “patrimonial disposable right”, such as (i) the economic and financial balance of contracts; (ii) indemnification due to termination or transfer of agreements; and (iii) breach of contractual provisions, including application of penalties. In arbitrations involving Brazilian federal entities, only Brazilian…