The New York Convention in Latin America

Ana Amorín Fernández, Alberto de Unzurrunzaga Rubio, Jana Lamas de Mesa, Álvaro López de Argumedo.

The Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 10 June 1958) (the New York Convention) has created a model that allows a party who has obtained a favourable award to request its recognition and enforcement in any of the Convention's signatory countries.

Notwithstanding the above, Article V of the New York Convention sets out several grounds for domestic courts to refuse the recognition and enforcement of foreign arbitral awards, at the request of the party opposing the recognition if the scenarios described in them take place.

Latin American courts have successfully applied the N ew York Convention and taken a pro-enforcement approach to foreign arbitral awards, although they have also paid attention to the grounds for refusal detailed in Article V, denying recognition or enforcement when necessary.

This chapter examines the application of the grounds to refuse recognition and enforcement of foreign arbitral awards by domestic courts in Latín America and, in particular, in the following jurisdictions: Mexico, Brazil, Chile, Colombia,Peru and Ecuador.

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