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A. LEGISLATION AND RULES A.1       Legislation International arbitration in Venezuela continues to be governed by the Commercial Arbitration Law, published in the Official Gazette of the Bolivarian Republic of Venezuela No. 36.430 on April 7, 1998, to which no legislative amendment has been made since. However, a new dispute board was created in 2019. This contemplates other projects of any nature contrary to prior Dispute Boards that are based on preventing engineering and construction conflicts.…

A. LEGISLATION AND RULES A.1       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…

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…

On June 4, 2021, Brazil signed the Singapore Convention on Mediation (“Singapore Convention”), which provides a uniform framework for settlement agreements put in writing resulting from mediations entered in one of the contracting states. Under the Singapore Convention, a party can enforce such settlement agreements in the courts of any contracting state, provided that the settlement agreement was issued in that or in another contracting state. Moreover, the party can invoke the settlement agreement in…