Arbitration in the Americas

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This Overview guides practitioners to core resources on arbitration across the Americas, linking to materials on frameworks, institutions and procedure. The region is central to cross‑border trade and investment, and arbitration is the primary dispute resolution mechanism, underpinned by widespread adoption of the 1958 New York Convention and, in the hemisphere, the 1975 Inter‑American (Panama) Convention.

Key issues for counsel include selecting the seat and rules (popular choices include New York, Miami, Mexico City, São Paulo and Santiago; ICC, ICDR and regional centres), and understanding how local legislation implements the UNCITRAL Model Law (widely enacted in Canada, Mexico and several Latin American jurisdictions, with bespoke regimes in others). Enforcement strategy requires navigating interplay between the New York and Panama Conventions (for example, under the US Federal Arbitration Act, Chapters 2 and 3), public policy and arbitrability defences. Investment arbitration remains active, though constrained by treaty developments: USMCA removes investor–state arbitration between the US and Canada and narrows it between the US and Mexico; ICSID participation varies across states.

Practical considerations include interim measures (court support and emergency arbitrators), confidentiality, evidence (including the limited availability of US discovery...

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