The impact of regulatory initiatives on the development of arbitration in Latin American and Iberian countries

This report explores the impact of regulatory iniatives on the development of arbitration in Latin American and Iberian countries. Drawing on insights from the Latin American and Iberian Regional Chapter of the ICC Institute of World Business Law, it assesses legislative proposals in Brazil, Colombia, Guatemala and Peru, and identifies key trends, challenges and opportunities affecting arbitration.

Share this:

• New windowShare on Linkedin
• New windowShare on X
• New windowShare on Facebook
• New windowShare on Email

This report examines the impact of regulatory and legislative initiatives on the development of arbitration in Ibero-American countries. Available in English and Spanish, it highlights the increasing popularity of arbitration as an effective means of resolving conflicts amid the need for foreign investment and the continuing process of globalisation. The study also addresses that with the growing impact of arbitration, there is also increasing regulatory pressures seeking to strengthen, or in some cases restrict, arbitration practices.

Through a comprehensive analysis of responses from members of the Latin American and Iberian (LAI) Regional Chapter of the ICC Institute of World Business Law, the study identifies key trends, challenges and opportunities affecting arbitration. Significant legislative proposals in countries such as Brazil, Colombia, Guatemala and Peru are assessed for their potential implications on the arbitration landscape.

While there are some concerning initiatives, the findings indicate that the overall landscape shows robust support for arbitration, backed by solid legal frameworks across the region. The active engagement of local arbitration communities has played a crucial role in mitigating threats to arbitration and ensuring arbitration's continued efficacy as a dispute resolution tool.

This report is a valuable resource for practitioners, policymakers and stakeholders seeking to understand the evolving regulatory environment surrounding arbitration in Ibero-America.