What's New in Latin American Adr?

Dispute Resolution JournalVol. 64 Nbr. 2, May 2009

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Summary


In two decisions decided last year, the commercial courts of Argentina have strengthened the reassuring stance that a judicial proceeding to annul an arbitration award cannot be brought for the purpose of reviewing a case on the merits where the right to bring an appeal has been expressly waived by the parties. Article 25 of Peru's General Law of Expropriation provides for the possibility that an individual whose property is subject to expropriation by the State could decide to submit to arbitration a dispute against the State. Under the cover of 21st century socialism, the Chavez administration has asked the Venezuelan National Assembly to approve several new bills granting the central Government wide powers, including the power to seize private property and, in general, control all political, economic and institutional activities within Venezuela, including the courts and alternative methods of dispute resolution.

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Extract


What's New in Latin American Adr?

Argentina. In two decisions decided last year, the commercial courts of Argentina have strengthened the reassuring stance that a judicial proceeding to annul an arbitration award cannot be brought for the purpose of reviewing a case on the merits where the right to bring an appeal has been expressly waived by the parties. (Under the National Code of Civil and Commercial Procedure, an appeal is available only in the case of opinio juris arbitrations- not ex aequo et bono...

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