Maria Hoyos will speak at the book launch for “La sede y el ordenamiento aplicable en el arbitraje internacional: enfoques cruzados” (The seat and applicable law in international arbitration: intersecting approaches), published by the Center for Analysis and Dispute Resolution of the Universidad Católica del Perú, Universidad Católica San Pablo, Iberian Association of Private Law, and Estudio Mario Castillo Freyre’s Arbitration Library.
Ms. Hoyos will speak about the chapter co-authored with WilmerHale Special Counsel Claudio Salas and Soledad Peña titled “La excepción del orden público en el reconocimiento y la ejecución de laudos arbitrales en Argentina, Brasil y Colombia” (The public policy exception in the recognition and enforcement of arbitral awards in Argentina, Brazil, and Colombia.)
The book chapter addresses the different ways in which the high courts of three Latin American jurisdictions have interpreted the scope and object of the public policy exception contained in Article V(2)(b) of the New York Convention. The authors analyzed landmark cases in Argentina, Brazil, and Colombia, and concluded that there appears to be little consensus in the region regarding the interpretation of “public policy” in the New York Convention. The authors also found that there was no causal relationship between the incorporation of the UNCITRAL Model Law in these jurisdictions and a narrower interpretation of the scope of public policy in their courts.
