Arbitration in Argentina


Book Description

This publication is the most comprehensive international book on arbitration in Argentina. It provides a complete description and analysis of the historical and contemporary structure of arbitration law and practice in the country, which is based on the UNCITRAL Model Law. Its chapters are authored by many of the most regarded Argentine authorities, many of whom are responsible for drafting Argentina’s current arbitration regulation. Throughout its thirty-one chapters, the book covers an ample number of topics in commercial and investment arbitration, and an exhaustive analysis of arbitration in different specific fields (energy, sports, consumers, among others). Some of the topics addressed in this book include the following: regulatory framework of arbitration in Argentina; arbitration agreements; arbitral proceedings and the applicable law; issues of arbitrability; interim measures; costs and financing of arbitrations; validity, recognition and enforcement of awards; arbitration and the MERCOSUR. This publication also includes some particular studies, for example those related to the tensions between investment arbitration and human rights, as well as the relationship between the country and the ICC, and the PCA. Although mainly focused in Argentina, the discussions contained in several contributions exceed such geographical boundaries. Given that the law and practice of arbitration in Argentina has seen remarkable changes in recent decades, this book is an essential tool for arbitrators, judges, in-house counsels, global law firms, large- and medium-sized companies doing transnational business, interested academics, and international arbitration centres. Because this publication draws from the teachings and experience of leading academics and practitioners, arbitration specialists will find in it all the guidance needed to identify and assess the different theoretical and practical legal avenues available when working on arbitrations with a seat in Argentina or with an Argentine element.




International Arbitration in Latin America


Book Description

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.




Between Interests and Law


Book Description

Shows how political and legal forces have shaped the evolution of a surprisingly effective regime to resolve transborder commercial disputes.




Introduction to the Law of Argentina


Book Description

Argentina’s new Civil and Commercial Code Código Civil y Comercial de la Nación has led to the adoption of a number of modern institutions in several branches of law. This book provides a review of them identifying the basic legal sources and concepts of Argentinian law as it stands today. It offers an up-to-date, systematic, and critical rendition of the principal branches of the law and provides the necessary historical background. With twelve chapters written by Argentinian experts in their respective fields of law, this is the ideal starting point for research whenever a question of Argentinian law must be answered. The authors clearly explain the legal customs, provisions, and rules arising in the following areas: - sources and history; – constitutional law; – administrative law; – law of the persons; – legal persons; – family law; – contract law; – law of property; – inheritance law; – criminal law; – procedural law; and – private international law. A detailed bibliography follows each chapter. This concise and practical guide is sure to provide interested parties with a speedy and reliable opening to whatever aspect of Argentinian law they need to research. It will be welcomed by practicing lawyers, business people, government officials, academic researchers, and law stu dents interested in an overview of Argentinian law and institutions.




The Backlash Against Investment Arbitration


Book Description

"This book, the outgrowth of a conference organized by the editors at Harvard Law School on April 19, 2008, aims to uncover the drivers behind the backlash against the current international investment regime."--Library of Congress Online Calalog.




Annulment of ICSID Awards


Book Description




Procedural Law in International Arbitration


Book Description

This book comprehensively analyses the relevant legislative practice of all major arbitration venues in the world, as well as the arbitral practice of a number of arbitral institutions. The book proposes an analytical model for the determination of the procedural law of international arbitration, as well as a number of 'model' legislative provisions of substantive and private international law.







Arbitration Under International Investment Agreements


Book Description

Arbitration Under International Investment Agreements: A Guide to the Key Issues provides a comprehensive analysis of the main issues that arise in investor-state arbitration. The contributing authors take the reader through the intricacies of this procedure before analyzing the main jurisdictional and substantive issues that confront arbitrators. The book concludes with a reflection on the role of precedent in investment arbitration. A diverse group of renowned experts in the field provide comprehensive coverage, making Arbitration Under International Investment Agreements a valuable resource for anyone working in or studying this field of law.




The Selection and Removal of Arbitrators in Investor-State Dispute Settlement


Book Description

The Selection and Removal of Arbitrators in Investor-State Dispute Settlement examines two essential features in investor-state dispute resolution: how arbitrators are selected and removed. Both topics have received increasing scrutiny and criticism, that have in turn generated calls for reforms. In its first part, Professor Chiara Giorgetti, an expert in international arbitration, explains the selection of arbitrators procedurally and comparatively under the most-often used arbitration rules. She then reviews critically arbitrators’ necessary and desirable qualities, and addresses some important and related policy issues, such as diversity and repeat appointments. In her work, she also includes an assessment of the calls to review how arbitrators are appointed, and specifically the proposal by the European Commission to create a permanent tribunal to resolve international investment disputes, the UNCITRAL Working Groups III Reform Process and the rules amendment proposal undertaken by the Secretariat of the International Center for Settlement of Investment Disputes. In its second part, this monograph examines how arbitrators can be removed and reviews first the applicable provisions, under a variety of arbitration rules, to remove arbitrators who fail to possess the necessary qualities. It then also reviews the relevant case-law on challenges. The monograph assesses appointments and removals in a multifaceted and comprehensive way, and includes a critical assessment of the reasons and calls for reform of the ISDS system.