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…
PERU Ana María Arrarte, María del Carmen Tovar Gil and Javier Ferrero. A. LEGISLATION AND RULES A.1 Legislation…
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 Bizarro Weingartner. A. LEGISLATION AND RULES A.1 Legislation The main regulatory developments concerning arbitration in Brazil in 2019 dealt with the participation of governmental entities. That follows due to the legal authorization included in the 2015 amendment to the Brazilian Arbitration Act as well as the implementation of aggressive privatization programs by the Federal Government. First, the…
ARGENTINA Luis E. Dates and Santiago Maqueda A. LEGISLATION AND RULES A. 1 Legislation International arbitration in Argentina…
COLOMBIA Claudia Benavides and Jesus Villegas A. LEGISLATION AND RULES A.1 Legislation Domestic and international arbitration in Colombia…
VENEZUELA Eugenio Hernandez-Breton, Maria Eugenia Salazar, Gabriel De Jesus, Hector Martinez, Maria Alejandra Ruiz, Maria Victoria Diaz. 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 of 7 April 1998, to which no legislative amendments have been made since, and by several international treaties on the matter such as the Convention on…
On September 20, 2019, Decree 10,025/2019 was enacted, to regulate arbitration with the Federal Union, federal administration entities…
On August 27, 2019, Law No. 13.86/19 was published, amending Decree-law No. 3.365/41 (the Brazilian statute on expropriation)…
The State of São Paulo has issued on July 31, 2019 Decree 64,356, which regulates arbitration with such State and the entities it controls. Institutional arbitrations should be preferred, being ad hoc arbitrations allowed only in exceptional cases, which shall be duly justified before this choice is made. The State of São Paulo will prepare a list of pre-approved arbitration centers, among the ones with secretarial capabilities and hearing centers in São Paulo and widely-known…