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The arbitration review of the americas 2021 roi 1 79x21

The Arbitration Review of the Americas 2021

Across 18 chapters, and spanning 120 pages, this edition provides an invaluable retrospective from 39 leading figures.

Together, our contributors capture and interpret the most substantial recent international arbitration events of the year just gone, supported by footnotes and relevant statistics. Other articles provide valuable background so that you can get up to speed quickly on the essentials of a particular country as a seat.

This edition covers Argentina, Bolivia, Canada, Ecuador, Mexico, Panama, Peru and the United States; has overviews on nascent Brazilian jurisprudence on arbitration and corruption (in the wake of Operation Carwash) and on the coronavirus and investment arbitration, among other things; and an update on how Mexico’s federal courts are addressing the problem of personal injunctions against arbitrators that have brought Mexico grinding to a halt as a seat.

Among the other nuggets it contains: 

  • a discussion of the defences that states may lean on in public law to covid-19 claims. Are we on the verge of a lex pandemiae given the likely recurrence of certain questions?
  • numerous real-life examples of coronavirus responses in the region that look ripe to found investment arbitration claims;
  • extra questions that valuation experts need to ask when assessing a climate change-related loss;
  • news that Bolivia may soon return to the investment arbitration fold;
  • results of an (informal) survey on attitudes to mediation around Latin America, and whether the region ‘needs’ the Singapore Convention on Mediation (spoiler alert: not really); and
  • a suggestion that the USMCA may not last much past the next round of North American elections, along with a forensic explanation of the changes it has introduced (and has not – for certain industries).

Published September 2020

Overviews

  1. Concession Contracts in Times of Crisis

    Diego Brian Gosis, Quinn Smith and Ignacio L Torterola

    GST LLP

  2. Energy Arbitration in Latin America: Potential State Defences in Future Covid-19-Related Cases

    Claudio Salas and Manuel Valderrama

    WilmerHale

  3. Enforcement in the United States

    Jef Klazen, Marcus J Green and Chris Cogburn

    Kobre & Kim LLP

  4. Initial Views on Approaches to Quantum in Climate Change-Related Arbitrations

    Alain de Bossart

    FTI Consulting

  5. International Arbitration in the Caribbean

    Francois Lassalle

    British Virgin Islands International Arbitration Centre (BVIIAC)

  6. Intra-EU Investment Treaty Disputes in US Courts: Achmea, Micula and Beyond

    Alexander A Yanos and Carlos Ramos-Mrosovsky

    Alston & Bird LLP

  7. Investment Treaty Arbitration in the Americas

    David M Orta, Dawn Yamane Hewett, Lucas Loviscek, Julianne Jaquith and Woo Yong Chung

    Quinn Emanuel Urquhart & Sullivan

  8. Issues of Corruption and Arbitration in Brazil

    Andre de Luizi Correia

    CFGS – Correia, Fleury, Gama e Silva Advogados

  9. Overview: CAM-CCBC

    Eleonora M B L Coelho and Clara Kneese de Moraes Bastos

    CAM-CCBC (Center for Arbitration and Mediation of the Chamber of Commerce Brazil-Canada)

  10. Overview: JAMS

    Robert B Davidson and Matthew Rushton

    JAMS

  11. Public Contracting, Foreign Investment and Arbitration

    Andrés Moreno Gutierrez and Daniel Arredondo Zelada

    Moreno Baldivieso Estudio de Abogados

  12. The Singapore Mediation Convention and its Potential Impact on Mediation in the Americas

    Anthony B Ullman and Diora M Ziyaeva

    Dentons