Legal regulation of international commercial arbitration in Latin American countries

This article examines the specifics of the legal regulation of international commercial arbitration in Latin American countries. The national legislation of Argentina, Brazil, and Mexico is analyzed, taking into account their history and integration into the international legal system.
 
Goal. This study is aimed at a comprehensive analysis of the current state of the legal regulation of international commercial arbitration in some advanced Latin American countries – Argentina, Brazil and Mexico. The objectives of the study include identifying the specifics of the national legislation of these countries, determining the prospects for further development of arbitration and identifying trends in the development of international commercial arbitration in the Latin American region.

Methods. The work uses a comprehensive methodological approach, including a comparative legal analysis of the legislation of Argentina (Law No. 27.449), Brazil (Law No. 9.307/96) and Mexico (Commercial Code), as well as an analysis of doctrinal sources on international arbitration. Particular attention was paid to comparing national laws with the UNCITRAL Model Law and the 1958 New York Convention.

Results. Based on the results of the study, the following conclusions were drawn. All three countries have ratified the 1958 New York Convention and have largely incorporated the provisions of the UNCITRAL Model Law into their national legislation. Some differences in approaches to arbitration regulation have been found. Argentina is characterized by a dualistic system, while Brazil demonstrates a more integrated approach. In Mexico, the legal framework includes domestic legislation and international treaties. A general trend towards expanding the arbitrability of disputes has been identified, but limitations remain related to the public-law nature of some relationships.

Conclusions. Argentina, Brazil and Mexico are important regional centers for the resolution of international commercial disputes, demonstrating their commitment to international standards in the field of arbitration. An important success factor is the pro-arbitration position of national courts, which promotes minimal interference in the arbitration process. The development of institutional arbitration in the region testifies to its maturity and self-sufficiency. To further strengthen Latin America's position on the global arbitration map, it is necessary to overcome cultural and legal barriers, raise awareness of the benefits of arbitration, ensure a stable legal and political environment, and further harmonize national legislation with international standards.