Another year has passed, and we are pleased to present the second edition of the Latin American Jurisprudence Panorama. As always, Latin America presents us with a varied set of decisions, some more positive than others, regarding national and international arbitration in this region.
In this regard, Alegría Jijón presents a commentary on the Constitutional Opinion 2-23-TI/23 of the Commercial Partnership Agreement between Ecuador and Costa Rica, analyzing how said decision has limited Ecuador’s ability to submit to international investment arbitration within the framework of subscribing to bilateral commercial or investment agreements with other countries.
Subsequently, Carlos Alvarado comments on two theses published by the First Chamber of the Supreme Court of Justice of Mexico, through which the scope of the nullity grounds of the award was reviewed when one of the parties “could not, for any other reason, assert its rights” in relation to the principle of equal treatment in arbitration.
Next, Carolina Posada comments on the impact of poverty relief in Colombian national arbitration, analyzing some decisions issued by the Superior Tribunal of Bogotá, as well as by the Supreme Court of Justice of Colombia during 2023, concluding that said figure requires special regulation to overcome the problems that have arisen in the casuistry.
Finally, Juan Pablo Argentato comments on two judgments of the National Chamber of Appeals in Commercial Matters of Argentina, one from Panel B and the other from Panel D, which analyze the possibility of agreeing on arbitration in adhesion contracts (objective arbitrability) and the rules of interpretation of the arbitration agreement.
Iurgium [previously Spain Arbitration Review]