The following Commercial practice note Produced in partnership with Carolina Aguirre and Fernando Aguirre of Bufete Aguirre Soc. Civ. provides comprehensive and up to date legal information covering:
Updated in March 2019
This Practice Note sets out some of the key considerations for a business before it decides to commence operations in Bolivia.
During the 1990s, Bolivia, as other countries in the world to varying degrees, implemented an extensive plan for privatisation of state-owned companies and certain public services, and new supporting legislation which promoted a wave of foreign investments. This was particularly the case in the industry sectors of hydrocarbons, telecommunications, rail transport, electricity, water supply, and to an extent, mining.
The twenty-first century opened with resistance and social protest against such policies. The privatisation of the water supply in the city of Cochabamba, accompanied by an important increase in tariffs, led to the so-called 'water war'. As a result of civil and political resistance, the concession, held by a group of foreign investors, was cancelled. This triggered a claim via international arbitration which was eventually settled. A similar situation followed with the water supply company in the main city of La Paz.
Opposition against the hydrocarbons privatisation policies and a large export project for natural gas using ports in the Republic of Chile, led to the 'gas war', which ended with the fall of the then President Sanchez de Lozada, triggering a new political transition which included a referendum on natural gas policies, a new Law of Hydrocarbons and amendments to the constitution to
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Voluntary manslaughterVoluntary manslaughter consists of those killings which would be murder (because the accused has the relevant mental element for murder) but which are reduced to manslaughter because of one of the three special defences (loss of control, diminished responsibility or suicide
This Practice Note examines:•why negative pledge clauses are used in commercial transactions •the consequences of breaching negative pledge provisions•how negative pledges are viewed in the context of security and quasi-security, and•key considerations when drafting a negative pledge clauseWhere
An ad hoc arbitration is any arbitration in which the parties have not selected an institution to administer the arbitration. This offers parties flexibility as to the conduct of the arbitration, but less external support for the process. It can be quicker than institutional arbitration but not if
Definition of automatismAn act is done in a state of automatism if it is done by the body without control by the mind, (eg it is a spasm or a reflex), or if it is done by a person who is not conscious of what they are doing. The act may be described as involuntary, but will not be regarded as such
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