A glimpse into de crystal ball: latin american arbitration ten years hence
| Autor | José Astigaraga |
| Cargo | Astigarraga & Davis, Estados Unidos |
| Páginas | XXIII-XXIX |
XXIII
Revista Latinoamericana de Mediación y Arbitraje
José Astarriaga / A glympse into the crystal ball
A Glimpse into the crystal ball:
Latin American Arbitration Ten Years Hence
José Astigarraga, Astigarraga & Davis
Estados Unidos
1. If those who ignore history are doomed to repeat it, it stands to reason that those who study
the future are poised to capitalize on it. As the Revista Latinoamericana de Mediación y
Arbitraje publishes its tenth anniversary edition and looks back at its evolution during the
past decade, the moment is ripe to look forward to see how the path ahead will differ from
the path just taken. With a nod to the undeniable reality that future-seeing crystal balls
will exist, if at all, only in the future, this article offers a view of what, from at least one
practitioner’s perspective, Latin American arbitration will look like in ten years.
2. To see the future, look at the past. Historically, international arbitration had been disfa-
for the Argentine diplomat who birthed it, the doctrine provided essentially that national courts
were the proper forum in which foreign investors should resolve their claims. The notion that dis-
putes should be resolved exclusively in the national courts affected arbitration as well, as arbitration was deemed a way to
do an end-run around the national courts.
3. While there was some arbitration in Latin America, it was almost exclusively domestic. As much of the economic activity
was state-driven and Calvo impeded anything other than resolution in the national courts, there was not a strong pressure to
existence generally had little by way of international disputes. And antiquated arbitration laws further stymied arbitration.
4. In 1975, following the adoption of the New York Convention some years earlier, the Organization of American States’
Specialized Conference on Private International Law approved the Inter-American Convention on International Commer-
-
ment in Latin American, but because Calvo and state-owned enterprises still prevailed, it did not ignite a meaningful spurt
of international arbitration in the region. Nevertheless, a number of countries adopted the Panama Convention as well as
the New York Convention. (MarcadorDePosición1)1
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vador; Guatemala; Honduras; Mexico; Nicaragua; Panama; Paraguay; Peru; United States; Uruguay; and Venezuela.
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