Arbitration in Ibero America: a comparative perspective - Second edition
The CMS Ibero American Arbitration Group (GIA) analyses key arbitration issues in Brazil, Chile, Colombia, Spain, Mexico, Peru and Portugal
At CMS, we have established the Ibero‑American Arbitration Group (GIA), a team made up of specialists from Brazil, Chile, Colombia, Spain, Mexico, Portugal and Peru, working closely with colleagues in other jurisdictions across the region. We support clients in domestic and international disputes and in court proceedings related to arbitration, including the recognition and enforcement of awards, following a practical, rigorous and results‑oriented approach.
Through this content series, we share practical insights for legal teams and business decision‑makers who need to anticipate risks, understand local legal frameworks and make informed decisions in relation to arbitration. The articles are written by arbitration specialists, acting both as arbitrators and as counsel, from the various CMS jurisdictions: Brazil, 1 Chile, Colombia, Spain, Mexico, Peru and Portugal. The authors combine an international outlook with strong domestic expertise, addressing the issues from this dual perspective.
How is arbitrability defined in Ibero-America?
In this second edition of publications by CMS’s Ibero-American Arbitration Group (GIA), specialists from Brazil, Chile, Colombia, Spain, Mexico, Peru and Portugal examine the scope of arbitrability in their respective jurisdictions. The guide highlights shared principles, largely stemming from the international development of arbitration and its common sources, while also identifying regulatory and judicial differences at a local level that may prove decisive for the validity of the arbitration agreement and the enforceability of the award.
Brazil
How is arbitrability defined in Brazil?
We examine arbitrability in Brazil, exploring the criteria that determine which matters may be submitted to arbitration and the key features of the local legal framework within the context of both domestic and international arbitration.
Chile
How is arbitrability defined in Chile?
We examine arbitrability in Chile, exploring the criteria that determine which matters may be submitted to arbitration and the key features of the local legal framework within the context of both domestic and international arbitration.
Colombia
How is arbitrability defined in Colombia?
We examine arbitrability in Colombia, exploring the criteria that determine which matters may be submitted to arbitration and the key features of the local legal framework within the context of both domestic and international arbitration.
Mexico
How is arbitrability defined in Mexico?
We examine arbitrability in Mexico, exploring the criteria that determine which matters may be submitted to arbitration and the key features of the local legal framework within the context of both domestic and international arbitration.
Peru
How is arbitrability defined in Peru?
We examine arbitrability in Peru, exploring the criteria that determine which matters may be submitted to arbitration and the key features of the local legal framework within the context of both domestic and international arbitration.
Portugal
How is arbitrability defined in Portugal?
We examine arbitrability in Portugal, exploring the criteria that determine which matters may be submitted to arbitration and the key features of the local legal framework within the context of both domestic and international arbitration.
Spain
How is arbitrability defined in Ibero-America in Spain?
We examine arbitrability in Spain, exploring the criteria that determine which matters may be submitted to arbitration and the key features of the local legal framework within the context of both domestic and international arbitration.
How do challenges against arbitral awards operate in Ibero America?
In this first edition of the CMS Ibero‑American Arbitration Group (GIA) content series, specialists from Brazil, Chile, Colombia, Spain, Mexico, Peru and Portugal analyse the remedies, actions and other mechanisms available to challenge or review arbitral awards in their respective jurisdictions.
