Latin America Focus Fall 2023

The good news is that most of these businesses are now back on track and performing very well, thanks in part to the creative and unprecedented use of Chapter 11 of the US Bankruptcy Code as well as local insolvency regimes to restructure the debt and the capital structures of the effected companies. [...] N earshoring is the buzzword and the restrictions in the flow of of the moment, and people and goods, coupled with one of the most popular changing demands, resulted in destinations for US investors is shortages throughout the world. [...] treaties contain provisions that The increasing importance Governance risks can be managed condition the protection afforded of corruption in the context of preventively at the outset of an in the treaty to the investment’s international disputes raises key investment, and as part of the legal compliance “with the host state’s questions, including as to whether strategy to protect the investment l. [...] While there is no unanimous affect the parties’ claims in the governance issues, considering the approach, these provisions have absence of a request of a party strategic observations mentioned been understood to limit the scope to do so; the level of evidence below, is central to avoiding disputes of application of the investment required to demonstrate corruption related to corruption allegation. [...] Legal due diligence at over past years, as there is a surge the case, a finding of corruption by the outset of the investment may of new international disputes— the arbitral tribunal could result in play a critical role in the investment’s encompassing both commercial and the tribunal lacking jurisdiction, the future operation to evaluate the risk investor-state arbitration scenarios— claims being.