International Arbitration in Latin America is a pioneering book furnishing a comprehensive, in-depth analysis of critical issues arising from energy and natural resources contracts and disputes in the region, covering a wide range of procedural, substantive, and socio-legal issues. Energy projects in Latin America are a major contributor to economic growth worldwide. This book also sheds light on how states have shifted from passive business partners to more active controlling players.
What’s in this book:
This detailed book focuses on the entire Latin American region and elucidates the extensive treatment and examination of arbitration practice particularities, including arbitrability, public order, enforcement, and the complex public-private nature of energy transactions. Penned down by the most experienced and respected arbitration practitioners in the energy and arbitration market, the book explicates the following issues and topics:
- state-owned entities as co-investors or contracting parties
- role of environmental law, indigenous rights and public participation
- issues related to political changes, corruption, and quantification of damages
- climate change, renewable energy, and the energy transition
- force majeure, hardship, and price reopeners
- arbitration in the electricity sector
- take-or-pay contracts
- recognition and enforcement of awards
- tension between stabilization clauses and human rights
- mediation as a method for dispute settlement in the energy and natural resources sector, and
- different comparative approaches taken by national courts in key Latin American jurisdictions
The book also highlights the impact of COVID-19 on the arbitration process, emerging laws, political circumstances’ changes, global economic trends in the oil & gas market, the energy transition, and the rise of new technologies.
How this will help you:
This remarkable book will prove invaluable to in-house lawyers, government officials, academics, and the rest of the arbitration community involved in international arbitration with a particular interest in the energy and natural resources sector.
