International Commercial Arbitration at Uruguay
Here’s a detailed overview of International Commercial Arbitration in Uruguay:
🔷 Legal Framework in Uruguay
General Arbitration Law – Law No. 19.636 (2018)
Uruguay adopted a modern arbitration law based on the UNCITRAL Model Law on International Commercial Arbitration (2006 amendment).
Applies to both domestic and international arbitration, with clear rules favoring enforceability, party autonomy, and efficiency.
International Conventions
Uruguay is a party to key treaties that promote arbitration, including:
New York Convention (1958) – Recognizes and enforces foreign arbitral awards.
Inter-American Convention on International Commercial Arbitration (Panama Convention, 1975)
ICSID Convention – For investor-state arbitration under World Bank auspices.
🔷 Arbitration Institutions in Uruguay
Centro de Conciliación y Arbitraje (CCA) – Cámara Nacional de Comercio y Servicios del Uruguay
Leading national arbitration center providing services for both domestic and international disputes.
Administers arbitrations under its own set of rules aligned with international standards.
Uruguayan Institute of Commercial Law (IUEC)
Provides education and support for arbitration matters, though not a formal arbitral institution.
Ad hoc Arbitration
Allowed under Uruguayan law. Parties often use UNCITRAL Arbitration Rules for this purpose.
🔷 Key Features
Party Autonomy: Freedom to choose arbitrators, applicable law, seat, language, and procedures.
Neutral Jurisdiction: Uruguay is seen as legally neutral and stable—ideal for regional disputes.
Confidentiality: Arbitration proceedings are confidential by default.
Limited Court Intervention: Courts can support arbitration but do not interfere with its merits.
Enforceability: Local and foreign arbitral awards are enforceable under the New York Convention.
🔷 Role of Uruguayan Courts
Supportive and arbitration-friendly. Courts may assist in:
Appointment and challenge of arbitrators
Granting interim measures
Recognizing and enforcing foreign awards
Setting aside awards only on limited grounds (e.g., public policy or procedural irregularity)
🔷 Common Use Cases
Cross-border trade and investment
Construction and infrastructure projects
Energy and natural resources
Banking and insurance
Agricultural exports and logistics
🔷 Practical Tips
Include a clear arbitration clause with seat in Montevideo or another Uruguayan city.
Consider using the CCA Rules or UNCITRAL Arbitration Rules.
Choose arbitrators with experience in Latin American legal systems.
Engage local counsel knowledgeable in Law 19.636 and international practice.
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