|
Inter alia – in this year 2018 is the increase in employment and the positive perception regarding third-party financing . Added to the fact that some legislations have expressly regulated said institution (as is the case of Hong Kong and its Code of Practice for Third Party Funding of Arbitration, which in turn develops the Arbitration and Mediation Legislation Ordinance amended in 2017) , as well as some bilateral investment treaties (such as the BIT between the European Union and Vietnam whose legal review was completed in 2018). Bernardo Cremades Jr. , partner of the arbitration group of B. Cremades & Asociados (Madrid): “during 2018, two of the three members of the TSJCM (Susana Polo and Fco. Javier Vieira) have resigned.” I believe that this renewal in the TSJCM is hopeful in terms of changing the jurisprudential criteria regarding the control of awards . I trust that the new judges will adopt a higher test for the annulment of awards and, therefore, we will comply with international standards. Naturally, this would contribute to legal security and enhance Madrid as an arbitration seat.
Mario Ballivian , partner Criales and Urcullo (Bolivia): “The deepening of the importance and openness towards arbitration as the most appropriate mechanism for resolving conflicts. I understand that particularly in Latin America, the movement aimed at transmitting and reflecting its advantages and opportunities has grown. This movement has been presented not only through the liberalization of national legislation to allow DM Databases different solutions to various international conflicts, but also through forums, events and publications to transmit experiences and specialized knowledge about the virtues of international arbitration, as well as the lessons learned about its application in certain circumstances.” Edgar Javier Fernández-Custodio , lawyer specialized in International Law (Peru): “For Latin America, the most important fact was the signing between the Eastern Republic of Uruguay and the Permanent Court of Arbitration (CPA) of a Headquarters Agreement by which The Court may carry out arbitration, mediation, conciliation procedures in Uruguay and establish investigative commissions to determine international responsibility.

Regarding arbitration, the Headquarters may manage international commercial, border (land and maritime), investment disputes, related to natural resources and outer space, among others. The PCA was established in 1899 by the Convention on the Peaceful Settlement of International Disputes, becoming the oldest international body for the resolution of international disputes. To date, 121 states are part of the CPA.” Tiago Duarte-Silva , vice president of Charles River Associates, CRA (Boston, USA): “The increasing use of PPPs in Latin America in 2018 is a trend to continue to monitor, as PPPs have subsequently led to disputes between investors and states in other countries.” Mónica Feria Tinta , lawyer at 20 Essex St (London): “Another milestone that has to be mentioned is the 60th Anniversary of the New York Convention . Its influence on the development of investment arbitration is to be highlighted. It is the most successful United Nations convention.
|
|