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Arbitration in Ibero America: a comparative perspective

The CMS Ibero American Arbitration Group (GIA) analyses key arbitration issues in Brazil, Chile, Colombia, Spain, Mexico, Peru and Portugal

25 May 2026 Portugal 2 min read
Companies are increasingly turning to arbitration as an effective, confidential and flexible mechanism for resolving disputes, particularly those involving greater complexity or cross‑border elements. Coordinated advice and strong local knowledge are essential to defining a robust strategy, from the drafting of the arbitration clause through to the enforcement of the award.

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,  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 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. The comparison highlights the existence of many shared features, reflecting the international nature of arbitration practice and its sources, while also identifying important domestic differences that practitioners and businesses need to be aware of.

Browse by region

Brazil

How do challenges against arbitral awards operate in Brazil?

We analyse the mechanisms for reviewing arbitral awards in Brazil, highlighting their scope and their alignment with international arbitration practice, alongside features specific to the Brazilian system.

Chile

How do challenges against arbitral awards operate in Chile?

We analyse the mechanisms for reviewing arbitral awards in Chile, highlighting their scope and their alignment with international arbitration practice, alongside features specific to the Chilean system.

Colombia

How do challenges against arbitral awards operate in Colombia?

We analyse the mechanisms for reviewing arbitral awards in Colombia, highlighting their scope and their alignment with international arbitration practice, alongside features specific to the Colombian system.

Mexico

How do challenges against arbitral awards operate in Mexico?

We analyse the mechanisms for reviewing arbitral awards in Mexico, highlighting their scope and their alignment with international arbitration practice, alongside features specific to the Mexican system.

Peru

How do challenges against arbitral awards operate in Peru?

We analyse the mechanisms for reviewing arbitral awards in Peru, highlighting their scope and their alignment with international arbitration practice, alongside features specific to the Peruvian system.

Portugal

How do challenges against arbitral awards operate in Portugal?

We analyse the mechanisms for reviewing arbitral awards in Portugal, highlighting their scope and their alignment with international arbitration practice, alongside features specific to the Portuguese system.

Spain

How do challenges against arbitral awards operate in Spain?

We analyse the mechanisms for reviewing arbitral awards in Spain, highlighting their scope and their alignment with international arbitration practice, alongside features specific to the Spanish system.

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1. What is the regime of challenges to arbitral awards in arbitrations seated in Brazil?


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