Growing Appreciation for Arbitration for Trade and Investment disputes in Latin America. (Moving towards English Common Law)
Growing Appreciation for Arbitration for Trade and Investment disputes in Latin America. (Moving towards English Common Law)
Monica Feria-Tint
The legal landscape in Latin America is rapidly changing. Not only has Latin America more bilateral Trade Agreements than any other region in the world, but it is also a region experiencing a growth in importance for international commerce in all areas. In this context, Monica Feria-Tinta questions whether arbitration can become the legal lingua franca, the legal trade mechanism, to enable the region to have a common meeting ground with the multiple actors that intend to engage in business there. The author furthers inquires whether English Common Law can play any role in Arbitration in Latin America. After looking at certain developments in the region, the author concludes that, depending on the extent to which Latin America may adapt to the rapid changes that are currently taking place, we will be witnessing a diversification of routes in dispute resolution regimes. English common law could undoubtedly play an important role and London as a seat of arbitration may become popular, in light of new actors and the strengths of the system and what it can offer.