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The last few years, even months, have seen radical changes in commercial arbitration in almost every Latin American jurisdiction. International Arbitration in Latin America is a first of its kind publication that provides the lawyer, arbitrator, and businessperson with a thorough overview of the current status of international arbitration in the region. Freshfields Bruckhans Deringer's Nigel Blackaby, Clifford Chance's David Lindsey, and Argentine lawyer Alessandro Spinillo have joined with others in the field of arbitration in Latin America to compile the first comprehensive review of commercial arbitration in major Latin American jurisdictions as well as notable developments in the use of arbitration mechanisms contained in bilateral and multilateral investments treaties and free trade agreements. The book provides not only a detailed analysis of the law, but also insight from local practitioners into the culture of arbitration and how the law is applied. Features of the book include a comprehensive and thorough overview of commercial arbitration in Latin America; a detailed analysis of the law and insight from local practitioners from Argentina, Brazil, Chile, Colombia, Ecuador, Mexico, Peru, and Venezuela; a brief look at the rules and peculiarities of the proposed Mercosur International Commercial Arbitration Agreements entered into by Argentina, Brazil, Paraguay, Uruguay, Bolivia, and Chile, whose eventual ratification and coming into force is contemplated; an examination concerning the adoption of arbitration as a method of dispute resolution for investors against states under bilateral investment treaties, over 300 of which have now been signed in the region; the text of the key sections of the international conventions to which reference is made (Panama Convention, NAFTA, Mercosur); and it also describes the increasing use of alternative dispute resolution in Latin America and how it might be best used as a complement for arbitration proceedings, with an emphasis on complex projects where staged dispute resolution might be appropriate.
This timely and thought-provoking work analyses Mexico's conduct of its international trade dispute litigation from 1986 to 2007 in both multilateral and bilateral fora (i.e., GATT/WTO) as well as preferential trade agreements such as NAFTA. It exhaustively examines all cases and provides a well-reasoned explanation of Mexico's conduct, looking at factors such as bargaining power and political economy-type considerations. It also touches upon the strengths and weaknesses of the various dispute settlement systems that Mexico has used, analyzing their procedural aspects and their more important substantive elements. In addition, It suggests a methodology for assessing the results of litigation, based on inputs and outputs. This methodology may be used for assessing the cases of other WTO Members. It compares the dispute settlement system of the WTO and NAFTA, including other preferential trade agreements. This is useful in the context of any WTO Member with ? potential or existing ? regional dispute settlement systems. Based on Mexico's data, it evidences the limitations of country v. country legal remedies by highlighting the issues left unresolved. It analyzes the conflicts of law between NAFTA and the WTO dispute settlement systems.
Appendices. Index. With commentary and analysis on commercial mediation and arbitration provided by some of the leading Judges, Lawyers and Academics in the field, Commercial Mediation and Arbitration in the NAFTA Countries is the definitive source on dispute resolution under NAFTA and also on arbitration and mediation in Canada, Mexico and the United States - on both the National and International level. This work, the result of the efforts of the Canadian, Mexican and United States? governments and the U.S. Mexico Conflict Resolution Center (CRC), which was created in 1994 via United States Congressional funding to promote Arbitration and ADR in the NAFTA region, presents the proceedings of the first-ever conference on mediation and arbitration in the NAFTA countries held in Mexico City in June 1999. This work is not only timely, but a must for anyone involved, either directly or indirectly, in dispute resolution in the region.