Corruption in arbitration The corruption that has affected

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Different countries in the region, especially in relation to the Lava Jato case, has occupied numerous pages during 2018. Sandro Espinoza , senior associate at DLA Piper Pizarro Botto Escobar (Lima), explains that: “In 2018 the number of international arbitrations has increased in Peru, due to the context of corruption that some countries on the continent have experienced (Car Wash). Clients today prefer that an international arbitrator resolve their case and this has led to many international arbitrators starting to arbitrate in our country, significantly improving arbitration practices.” Pilar Vasquez , founding partner of Vásquez & Asociados (Panama), also talks about the topic: “in 2018, and looking at it from a regional point of view, three milestones are notable, the first of which is the extensive discussion that has taken place in Regarding corruption , in what ways it affects arbitration, how to handle it, both from the perspective of the arbitrator and the parties, the Odebrecht scandal opened a door for this broad discussion.

The second is related to new technologies and arbitration , artificial intelligence, conduct of judicial processes with more technological tools, just to mention a few, and finally, I would highlight the discussion and creation of various groups aimed at achieving more equity in arbitration, the most important participation of women in everything related to the environment .” Investment Arbitration Karima Sauma , executive director DM Databases of the International Center for Conciliation and Arbitration of the Costa Rican North American Chamber of Commerce (AmCham Costa Rica), focuses on: “One piece of news that I would like to highlight from last year is the arbitration David Aven vs. Costa Rica . Of course, it was a very important and positive award for my country, but beyond that, I think it is an interesting award for States in general for two fundamental reasons: First, because it focused on the power of the State to regulate and protect the environment.



Considering the current discussions around climate change and the efforts that countries are making to conserve the environment, I believe that it is essential to analyze the points discussed in this case to guide future actions. Second, it is very interesting what the Arbitration Court determined as a result of the counterclaim that Costa Rica presented against the plaintiffs due to the environmental damage caused. Although the Arbitration Court ended up rejecting the counterclaim because it considered that it lacked justification, it ruled that Costa Rica did have the possibility of presenting said counterclaim under the CAFTA-DR. Your analysis is very interesting, especially for the other countries that are part of said treaty.” Juliana de Valdenebro , lawyer at the Hogan Lovells firm (Miami), in addition to the already discussed modernization of the ICSID Rules , highlights: “the recent decision of an arbitration tribunal in favor of the Republic of Panama , not yet published, in which the Court expressly stated that every investment treaty includes an implicit requirement of legality that obliges the investor to comply with the law of the host State.