LATAM LAW

Legal insights on issues important to Latin America

By: Rafael Jordão BussiereFabio Perrone Campos Mello and Ana Beatriz Barbosa Brazil’s Superior Court has validated a hospitality market practice in its decision regarding a civil class action filed by the national consumer and citizenship protection association − Associação Nacional de Defesa da Cidadania e do Consumidor (ANADEC) against a manager of a São Paulo hotel. ANADEC filed the civil class action lawsuit in 2012, saying that the difference in hours between check-in…
By Alex Jorge, Renato Lopes da Rocha, Randall Fox and James Dalley Brazil has entered into 33 bilateral tax treaties, namely those with Argentina, Austria, Belgium, Canada, Chile, China, Czech Republic, Denmark, Ecuador, Finland, France, Hungary, India, Israel, Italy, Japan, Luxembourg, Mexico, Norway, the Netherlands, Peru, Philippines, Portugal, Russia, Slovakia, South Africa, South Korea, Spain, Sweden, Trinidad and Tobago, Turkey, Ukraine and Venezuela. Under those treaties, taxpayers may request a Mutual Agreement Procedure…
By: Rafael Jordão BussiereFabio Perrone Campos Mello and Ana Beatriz Barbosa The Third Chamber of the Brazilian Superior Court decided that the hotel operator Blue Tree should not be a defendant in a lawsuit filed by a condominium-hotel unit buyer who claimed the right to cancel a transaction due to the temporary suspension of the construction works of a real estate project in São Carlos, São Paulo state. The plaintiff filed a revocation…
This is a guest post from Fabrega Molino in Panama. Panama has been removed from the European Union’s blacklist – its list of non-cooperative tax haven jurisdictions. The decision was made in Brussels by the EU’s finance ministers, who concluded that Panama has established regulations and filled requirements to address matters of fiscal transparency. The EU screened 92 countries according to these indicators: fiscal transparency, good governance and real economic activity and the existence of a…
By: Marlon Meza Originally posted on the Kluwer Arbitration Blog. The X CAI Costa Rica held by the Costa Rican Chapter of the ICC and its Arbitration Commission, took place in San Jose, Costa Rica between February 24 and 27, 2019. Ten years have led to its consolidation as one of the most important ICC events in the region. This year’s intensive program included several academic panels and practical workshops, as well as a meeting…
By Augusto Mancinelli The double tax treaty between Argentina and the United Arab Emirates is now in force, joining the recently signed DTT between Argentina and Mexico. New DTT: Argentina – United Arab Emirates The Argentina – UAE DTT is applicable to the income tax, presumed minimum income tax and personal assets tax collected by Argentina, and to the income tax and corporate tax collected by the United Arab Emirates. This DTT is one of…
By: Ignacio E. Sanchez and Melanie Garcia The United States government has issued new sanctions in response to the growing unrest in Venezuela. On January 23, the United States recognized Juan Guaido as the new interim President of Venezuela. Nonetheless, Nicolas Maduro has refused to step down. US Secretary of State Mike Pompeo stated that the latest US sanctions related to Venezuela’s state producer of oil are meant to “preserve the core pillar of Venezuela’s…
By: Ben Sanderson and Silvia Farre On 1 January 2019, new updates to the Note to the Parties and Arbitral Tribunals on the Conduct of the Arbitration under the ICC Rules of Arbitration (the Note) became effective. According to the ICC Court President, Alexis Mourre, the updates, “reflect the Court’s continuous efforts … to provide more transparency in its practices, increase the efficiency of our arbitrations and offer an ever wide range of services to…
By: Felipe Bahamondez and Carolina Bawlitza Chile’s Tribunal for the Defense of Free Competition (TDLC) rejected the plea of Celeo Redes Chile Limitada, which had requested that the government modify “the legal precepts necessary to introduce a greater degree of competition in the generation, distribution and electric transmission markets.” In particular, the requested regulatory amendment sought to: • Eliminate the prohibition against companies that own or operate national transmission systems from participating in electricity generation…