We are delighted to announce that the Reed Smith Latin America Business Team and the Institute for Transnational Arbitration (ITA) Americas Initiative have joined forces to create the 2023 edition of the ITA Latin American Arbitral Institutions Guide and Scoreboard.

Auteurs: Daniel Avila Benjamin Antillon Fernandez Ana R. Ulseth Thayane Machin Martinez

2023 Latin American Arbitral Institutions Guide and Scoreboard Image

Commercial arbitration, both domestic and transnational, is an important component of the business environment in Latin America, and has since the 1990s led to a proliferation of arbitral institutions in Latin American countries.

This 2023 Guide identifies more than 170 arbitral bodies, and presents findings on their history, caseload, whether parties are private or public, where proceedings are administered, and whether there are arbitrator requirements for 30 such institutions in 20 different countries.

Reed Smith's Daniel Ávila II, Lead Editor & Author of ITA Latin American Arbitral Institutions Guide, commented "We appreciate the ITA’s trust and vision in bringing this highly useful Guide back to life. The Guide was of special interest to our team given our extensive practice in the Latin America region under several of these institutions’ rules.

The Guide’s findings demonstrate that the rise of regional arbitration centers is here to stay and has extended to the Caribbean. We are also seeing a rise in female arbitrator appointments both on the panel and as chair, as well as in the use of dispositive motions, which are not as common in domestic litigation in these jurisdictions. We are also seeing increasing party autonomy in selecting the arbitrator, particularly in international disputes. We look forward to seeing how the growth continues and hope this Guide is used to establish best practices by arbitral institutions.”

The Chair of the ITA Americas Initiative, Elina Mereminskaya, added that: "Seventy-eight percent of the institutions emerged before 2000, while eighteen percent were created after that date, but before 2010. Thus, arbitral institutions in Latin America have been in operation for several years and, for the most part, have followed global trends in terms of applicable rules, lists of arbitrators and the use of emergency arbitration, among other aspects. The ITA Guide to Arbitral Institutions in Latin America paints an interesting picture consistent with the considerable development of arbitration in the region but is also indicative of the needs that may be addressed in the future."

In addition, the Guide includes information on each country’s relevant laws and treaties, and presents indices showing the efficacy of commercial arbitration in jurisdictions throughout Latin America. The Guide also provides information on hot topics in international arbitration including gender diversity in the appointment of arbitrators, dispositive motions, and transparency in awards, among others.

This guide was originally posted on ITA. To view the full guide, please download the PDF below.