Conflict of Treaties on International Arbitration in the Southern Cone (Mercosur)

AVANCES DEL DERECHO INTERNACIONAL PRIVADO-LIBER AMICORUM JURGEN SAMTLEBEN, Jan Kleinheisterkamp, Gonzalo Lorenzo Idiarte, eds., pp. 667-700, FCU, 2002

34 Pages Posted: 30 Jan 2002 Last revised: 28 Apr 2009

See all articles by Jan Kleinheisterkamp

Jan Kleinheisterkamp

London School of Economics - Law School; Cornell University - Law School

Date Written: January 1, 2002

Abstract

International arbitration has traditionally encountered much hostility in Latin America. The setting has changed significantly in the last decade: many countries have renovated their legislation on arbitration, most countries have ratified important international conventions. Many countries now think to have provided the necessary framework. This was not seldom the consequence of more or less subtle pressure by international organizations who were alerted by the often harsh criticism by international lawyers pointing out the adverse affect by the legislative deficiencies for foreign investments. Is this a new era of arbitration due to better regulation? This contribution focuses on one particular problem of advancing arbitration through changing the norms: the efforts of legal harmonization of regulation on arbitration by international treaties from the perspective of the MERCOSUR and his associates Bolivia and Chile as well as the resulting problems of conflicts of treaties. This reveals the delicate problems resulting from the difficulty of choosing between traditional local regulatory approaches and the internationally accepted standards set forth by the UN-Convention. The still unsolved tensions are still an obstacle to arbitration in this region.

Keywords: international commercial arbitration, conflict of treaties, MERCOSUR, OAS, CIDIP, enforcement of foreign awards

JEL Classification: K33, K41, F13

Suggested Citation

Kleinheisterkamp, Jan, Conflict of Treaties on International Arbitration in the Southern Cone (Mercosur) (January 1, 2002). AVANCES DEL DERECHO INTERNACIONAL PRIVADO-LIBER AMICORUM JURGEN SAMTLEBEN, Jan Kleinheisterkamp, Gonzalo Lorenzo Idiarte, eds., pp. 667-700, FCU, 2002, Available at SSRN: https://ssrn.com/abstract=297980

Jan Kleinheisterkamp (Contact Author)

London School of Economics - Law School ( email )

Houghton Street
London WC2A 2AE, WC2A 2AE
United Kingdom
+44 20 7955 7256 (Phone)

HOME PAGE: http://www.lse.ac.uk/collections/law/staff/jan-kleinheisterkamp.htm

Cornell University - Law School ( email )

Myron Taylor Hall
Cornell University
Ithaca, NY 14853-4901
United States

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