Introduction

The Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 10 June 1958) (the New York Convention)^[2] 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.^[3]

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 New 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 Latin America and, in particular, in the following jurisdictions: Mexico, Brazil, Chile, Colombia, Peru and Ecuador.

Implementation of the New York Convention in Mexico, Brazil, Chile, Colombia, Peru and Ecuador

The New York Convention has been implemented satisfactorily in Latin America.

Mexico acceded to the New York Convention on 14 April 1971 with no reservations. The Convention entered into force on 13 July 1971. Furthermore, Mexico passed a statutory amendment of its...

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