Author Archives: gmf31

The Scope of New Brazilian Investment Protections: Intellectual Property and the Limits of an Alternate Approach

By: Ana Sarmento 1.              Introduction Bilateral investment treaties (BITs) are “international agreements establishing the terms and conditions for private investment by nationals and companies of one state in another state.”[1] BITs usually provide for investor-state arbitration, a mechanism that allows an investor to bring an arbitral claim against a state to enforce the BIT’s protections.  Brazil has […]

Energy Disputes and Corruption: The Challenges for Brazilian Regional Arbitral Institutions

By: Christiane Freire de Paula Reis 1.              Introduction Corruption and International Arbitration have been around for a long time. It is also true that in the past decades there was a great hike of cases in which both topics are intertwined.  Corruption is everywhere and it is never going to be totally vanished, but due […]

Public Good or Private Commodity: Arbitration and the Privatization of Public Services in Latin America

By: Natalia Jaramillo  1.              Introduction Gabriel Garcia Marquez’s One Hundred Years of Solitude tells the story of mythical Macondo, a utopic town of fantasy created by the patriarch of the Buendía Family, where people lose their memory and resort to fortune tellers to understand their past.[1] For years the town is isolated from the outside […]

Protecting Investment Structures in Latin America: The Panama Annulment of an Ecuador Law Award Against Non-Signatories

By: Rita Halabi 1.              Introduction Most people are risk averse.  That explains why thirty-day return policies and free flight cancellations exist.  That bungee-jumping and sky diving are considered “extreme” rather than “mainstream” sports equally supports the conclusion that by and large, people tend to avoid risk. As it happens, the same is true for investors, […]