In Global Dispute Resolution, White & Case International Arbitration partners Silvia Marchili and Rafael Llano are quoted on why arbitration is the preferred resolution for energy sector disputes in Latin America.
Marchili noted that short political cycles in the region can create problems because "a different administration … may not be as eager to observe those incentives that the prior administration granted you." She also pointed to a "general disbelief in the judiciary of the countries in the region which, in general, makes arbitration a more attractive option than local litigation, especially for international companies."
Rafael Llano added that energy deals regularly include clauses establishing arbitration as the default dispute resolution option. "International arbitration gives that sense of stability and continuity […] to investors and to governments, and that allows many of these large, long-term projects to succeed over time," he said.
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