Marco Molina Featured in Latin American Advisor Q&A About Amended Rules for Investment Arbitration

News / July 28, 2022

On July 22, 2022, Partner Marco Molina is featured in Latin American Advisor in a Q&A titled “What Do New Rules for Arbitration Mean for Latin America?” The article discusses the amended Regulations and Rules of the World Bank’s Centre for Settlement of Investment Disputes (ICSID), which took effect July 1. “It is no secret there are barriers to entry in investment arbitration in Latin America,” Molina says. For example, arbitrations can take years to resolve, submissions might run thousands of pages, and if they’re in Spanish, translation to English may be required – all with no guarantee of a win. The new rules allow for expedited proceedings and encourage prompt rewards. However, Molina says, while the revised rules are promising, they seem to hinge on tribunal discretion or consent of the parties. Guidance is expected in the coming weeks that should bring some clarity; meanwhile, at least ICSID addresses some issues, Molina says.

Read the article.

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