In The News

Luis A. Perez, chair of Akerman’s Latin America and the Caribbean Practice, and Litigation Associate Michelle Santos recently co-authored an article which was published in the latest edition of Latin Lawyer examining how countries in Latin America, most recently Costa Rica, have moved to unify arbitration laws to shape the future of dispute resolution across the region.

Over the past two decades, Latin American countries have gradually modernized their arbitration frameworks by aligning with the UNCITRAL Model Law, signaling to the global business community a readiness to serve as hubs for international disputes. Costa Rica’s recent reform goes further: by eliminating its dual-track system and consolidating all arbitration under one modern statute, the country introduced measures such as emergency tribunals, virtual hearings, language flexibility, and broader enforcement of arbitration agreements. As Luis and Michelle note, “by repealing its old domestic law and unifying all arbitration under a single, modern statute, Costa Rica eliminated the dual-track system that often created confusion.”

Luis and Michelle highlight both the progress and the ongoing challenges in the region. While countries like Brazil, Mexico, Peru, and Panama have strengthened their positions as reliable hubs, constitutional remedies in Mexico and Brazil, political intervention, and uneven enforcement continue to raise uncertainties. The authors emphasize that the effectiveness of arbitration “ultimately depends on how laws are applied by courts in different countries and how judges and tribunals will adapt to these new regimes.”

However, the article emphasizes the virtues of arbitrating in the US and specifically Miami, which is quickly becoming the hub for arbitrations in the Americas.

Click here to read the article.

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