Recent merger control developments in Latin America: Focus on Peru

On 14 June 2021, a new merger control regime entered into force in Peru. Merger control laws have been in place in Peru for almost 30 years but these were limited to the electricity sector. The new merger control legislation (Law Nº 31112, approved by the Peruvian Congress in January 2021) has repealed the sector-specific … Read more

Are concerns about “attacks on arbitration” in Brazil justified?

Alarmism would be excessive. However, recent judgments by the Brazilian judiciary call for a hint of caution when selecting Brazil as a seat for arbitration. Recent articles published in the Brazilian legal and general press have spurred a lively debate as to potential threats to the country’s development into one of the world’s leading seats … Read more

Ecuador is Now Officially a Contracting State of the ICSID Convention

On June 30, 2021, Ecuador’s Constitutional Court (Constitutional Court) held that President Guillermo Lasso had the power to ratify the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention) without the approval of Ecuador’s National Assembly (the Decision).[1] The Constitutional Court also held that the ratification of the … Read more

MEXICO ENERGY ALERT: Recent Regulatory Measures Impacting the Oil & Gas Sector

During the first half of May 2021, the Mexican government passed a controversial amendment of Mexico’s Hydrocarbons Law and revoked over a hundred oil and gas marketing permits. These measures are part President Andrés Manuel López Obrador (“AMLO“)’s plan to reverse the energy reforms introduced by former President Enrique Peña Nieto in 2013, which liberalized … Read more

New Developments in Relation to the Legal Representation of Venezuela in International Proceedings

On 23 January 2019, after Nicolas Maduro began his second term as Venezuela’s president, the Venezuelan opposition leader Juan Guaidó proclaimed himself Venezuela’s “acting president” and swore himself as interim president of Venezuela.  Following Guaidó’s declaration, more than 50 countries, including the United States, Canada, several EU Member States, and various Latin American countries, recognized … Read more

MEXICO ENERGY ALERT: Initiative to Radically Change Mexico’s Electric Power Industry

On February 1, 2021, Mexican President Andrés Manuel Lopez Obrador submitted to Congress an initiative (the “Initiative”) to amend the Electric Power Industry Law. The Initiative appears to be part of the current administration’s plan to reverse the Energy Reform introduced by former president Enrique Peña Nieto in 2013 (“the Energy Reform”) that liberalized the … Read more

BOLIVIA RATIFIES THE MAURITIUS CONVENTION ON TRANSPARENCY IN INVESTOR-STATE ARBITRATION

Bolivia has become the seventh state to ratify the United Nations Convention on Transparency in Treaty-based Investor-State Arbitration, also known as the “Mauritius Convention”. State parties to the Mauritius Convention commit to greater transparency in investor-state dispute settlement (ISDS) proceedings. Specifically, by ratifying the Mauritius Convention, Bolivia consents to extend the application of the UNCITRAL … Read more

Venezuela Update: Summer of Sanctions Sees Continuation of US Maximum Pressure Campaign in Venezuela

As the United States continues its “maximum pressure” campaign on the Maduro regime in Venezuela, the US Department of Treasury’s Office of Foreign Assets Control (“OFAC”) has added 32 additional individuals, entities, and vessels to the Specially Designated Nationals (“SDN”) and Blocked Person List, from June to September 2020. The campaign is designed to cut … Read more

Is Arbitration in Venezuela in Danger?

Recently, the Constitutional Chamber of the Venezuelan Supreme Court of Justice (the “Court”) issued an interlocutory judgment ordering the Business Center for Conciliation and Arbitration (CEDCA) to stay an arbitration and to forward the arbitration file in order to decide on a request for “avocamiento” filed by one of the parties before the Court. This … Read more