Arbitration Continues Gains in Once-Hostile Latin America, New White & Case Journal Finds

NEW YORK, Sept. 27 /PRNewswire-USNewswire/ -- Despite a history of hostility to arbitration as a method for resolving cross-border commercial disputes, most Latin American countries are increasingly inclined to recognize and enforce the decisions of international arbitral bodies and recent "anti- arbitration" sentiments in some jurisdictions have not derailed this trend, according to a newly launched journal published by White & Case LLP's market- leading international arbitration practice.

The White & Case International Disputes Quarterly (IDQ), which released its inaugural edition this week, focuses on international dispute resolution with respect to specific industries and geographic regions. To view, visit www.whitecase.com/idq/.

The first issue of IDQ offers comparative perspectives on commercial and investment arbitration related to Latin America. It features a Compendium of Latin American Arbitration Law consolidating information on the ever-evolving framework of arbitration laws and treaties relating to eighteen jurisdictions, from Argentina to Venezuela (see table).

"Our IDQ survey of developments in the region shows substantial deference by courts toward arbitration, consistent with the legal framework in place across most of the region and notwithstanding certain misguided rulings and political mistrust of arbitration in some jurisdictions," observes Washington, DC-based partner Jonathan C. Hamilton, who was based for a number of years in the Firm's Mexico City office and has advised on disputes throughout the region.

Among the key findings in the IDQ review of arbitration trends across Latin America are the following:

    -- Latin American countries have concluded almost 400 bilateral investment
       treaties and free trade agreements allowing investment disputes with
       host states to be submitted to arbitration.

    -- 15 countries in the region have ratified the ICSID Convention, almost
       all since 1990.  Bolivia denounced the Convention this year.

    -- The transformation of the region's arbitral framework has led to the
       increasing inclusion of arbitration clauses in commercial contracts and
       a rise in the number of investment arbitrations involving Latin
       American parties.

    -- Across Latin America, courts have been grappling with the application
       of arbitration laws, many of which give due regard to commercial
       arbitration proceedings notwithstanding some noteworthy exceptions.

    -- At the same time, some countries in the region have taken or threatened
       to take steps to curb recourse to investor-state arbitration. These and
       other developments will shape the ongoing evolution of arbitration
       across the region.

The issue includes articles on developments relating to Argentina, Bolivia, Brazil, Chile, Colombia, Ecuador, Mexico, Panama, Peru, Venezuela, and the DR-CAFTA countries, as well as tips on drafting arbitration clauses involving Latin American parties.

Latin America was a logical starting point for IDQ because White & Case, with offices in Mexico and Brazil, has long been a pioneer in Latin American arbitration. The White & Case International Arbitration Group comprises more than 130 lawyers, including more than two dozen lawyers fluent in Spanish or Portuguese. According to the American Lawyer Scorecard 2007, White & Case is advising on the largest pending arbitration related to Latin America. White & Case's leading role in Latin America contributed to its recognition as the "International Arbitration Team of the Year" at Chambers USA Awards for Excellence 2007, in addition to the receiving the following recent accolades and rankings: The American Lawyer's 2007 Arbitration Scorecard -- Ranked Tier One nationally; Chambers USA 2007 -- Ranked Tier One nationally; Legal 500 USA 2007 -- Ranked Tier One nationally in Dispute Resolution; PLC Which Lawyer 2007 -- "Highly Recommended" nationally and in New York and Washington, DC for Dispute Resolution/Arbitration.

White & Case has published an international arbitration newsletter for two decades. The new IDQ is distributed electronically and available on-line. According to the editors of IDQ, New York associates Rafael Llano Oddone and Sophie East, upcoming issues will cover construction, oil and gas, and mining, as well as regions such as the Far East and the Middle East. "Our interactive format allows clients and colleagues to suggest areas of interest," note the editors.

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