Charting the path to efficient resolution of investment disputes in LatAm: Who is in charge?

NYIAW is co-organized by the New York International Arbitration Center (NYIAC) and the New York Branch of the Chartered Institute of Arbitrators (CIArbNY) from November 14-18, 2022.

Latin American states have largely embraced arbitration to settle disputes arising out of private investments in the public sector. In many LatAm states, sovereign consent to arbitrate disputes brought by foreign investors under investment treaties has been a key driver of investments in the region. While Brazil has not followed the same path, the Brazilian domestic legal framework has been substantially enhanced to allow the state to arbitrate disputes arising out of contracts executed with foreign investors. In our panel, we will discuss how foreign investors may navigate the differences and similarities between investor-state arbitrations in LatAm and contractual arbitrations involving the Brazilian state in order to better control the arbitral proceeding and the outcome of their disputes.

Moderator:

• Carolina de Trazegnies, Independent Arbitrator (USA)

Speakers:

• Noiana Marigo, Global Co-Head of International Arbitration & Co-Head of Latin America Practice, Freshfields Bruckhaus Deringer (USA)
• Rafael Alves, Partner, MAMG Advogados (Brazil)
• Julio Rivera, Partner, Marval (Argentina)
• Maria Ines Sola, Senior Counsel, Pan American Energy (Argentina)