International arbitration in 2023
Top trends in a changing world
A seamless combination of global strategy and local knowledge
For over 130 years, Freshfields’ Latin America group has advised clients on their Latin America matters. The team combines elite legal expertise with a wide network of local contacts and deep local knowledge. This compelling combination means that clients trust Freshfields to provide the best approach when dealing with their issues.
Our exceptional worldwide corporate and project finance experience means that we’re ready to support our clients as they invest in Latin America. Our strength across the region has led to us advising on the extensive, complex and business-critical Latin American aspects of global 'mega-deals'. We have also been active in many first-of-their-kind projects across the region in a variety of key sectors, from energy to telecommunications.
Meanwhile, for businesses needing advice on high-stakes, cutting-edge investment and commercial disputes, our market-leading international arbitration practice is the first port of call. The team have advised on some of the biggest and thorniest arbitrations embroiling Latin American states and are recognized for their continued major victories and successful settlements for clients. Our practice is widely ranked as the number one international arbitration practice by leading legal directories, including Legal 500, Chambers and Partners and Who’s Who Legal. The firm was ranked No.1 law firm globally for ICSID arbitration cases in Latin America by Latinvex in 2020 and 2021.
As part of the Freshfields global approach, members of our Latin America group can be found in our offices around the world. We fully engage in all aspects of our Latin American projects and cases, as members of our teams are fluent in Spanish and Portuguese, and in many instances legally trained in the region.
In every Latin American country, we have relationships with firms that form part of our StrongerTogether network. With these partnerships, our clients get the best of both worlds, with top local talent sharing their deep understanding of local laws and our top global talent providing the strategic, big-picture advice.
We regularly host cross-border teach-ins with these elite Latin America firms and have a secondment program where their associates work alongside Freshfields partners.
In short, the way we operate in Latin America means that we are able provide to our clients the very best seamless, strategic advice.
We secured two awards totaling more than US$600 million plus interest and a settlement of the third case. Representing the group of concessionaires in a high-profile investment arbitration against Argentina concerning the world’s largest water concession.
This represented one of the largest-ever ICSID awards and the largest under the ICSID Additional Facility Rules.
We recently secured a record-setting US$8.7 billion award for ConocoPhillips, the largest-ever ICSID award, and a US$2 billion award in one of the ICC proceedings.
The dispute was successfully settled for an amount in excess of dispute for over US$5 billion.
In 2021, Congresswoman Margarete Coelho (Progressive Party) introduced a bill seeking to reform the current Brazilian Arbitration Law, especially the provisions addressing the appointment of…
Many investment treaty arbitrations in Latin America relate to investments in the natural resources sector. This is unsurprising. Latin America and the Caribbean have around 20% of the world’s…
Nowadays, more and more companies face an unusual degree of uncertainty about contractual performance as a result of the COVID-19 pandemic. In this context, contracts are more often being suspended…