This panel aims to map how regulatory initiatives and sector-specific reforms are reshaping arbitrability, procedure, and forum choice across key jurisdictions. We will provide a candid assessment of enforcement risks, including constitutional shifts, public policy defences, set-aside trends, interim relief, and security for costs, particularly in cases involving states and state-owned enterprises.

The session will also unpack investor-state friction in resources and strategic sectors, driven by the energy transition, ESG duties, tax and licensing changes, and administrative measures. Time permitting, the discussion will include practical takeaways on clause drafting for M&A and projects, seat and institution selection, multi-tiered mechanisms, and coordination with parallel court proceedings. It will also address emergency measures, court–tribunal interaction, and the availability and impact of third-party funding on strategy and settlement.

Attendees will gain a practical compass for risk allocation, timelines, and realistic outcomes in both commercial and treaty cases across key Latin American jurisdictions.