International Commercial Arbitration

Capacity Building

The Department of International Law supports the development of international commercial arbitration throughout the Americas by enhancing capacity of stakeholders in OAS Member States. The Department encourages OAS Member States to work towards the modernization and harmonization of their domestic dispute settlement mechanisms to enable effective and efficient recognition and enforcement of arbitral awards and decisions.

OAS Arbitration Project

Objective: The OAS Arbitration Project (2012-2015) was made possible with funding from the Government of Canada. Entitled “Commercial Arbitration, Training Judicial Officers in the Enforcement of International Awards,” the objective of the project was to strengthen knowledge among judges and public officials of the proper application of internationally recognized norms in commercial arbitration throughout the region, particularly with regard to enforcement of international commercial arbitral decisions in a cross-border context. This should lead to more legal certainty and thus, greater investor confidence throughout the region as to the enforceability of arbitral decisions.

Strategy: The project adopted the following strategic approach:
  • Manage an effective training program that responds to the particular challenges faced by an individual state.

  • Create a participatory process that incorporates into the program contributions, suggestions, experiences, and knowledge from national experts, academics, judges, arbiters and associations, as well as the private sector and civil society.

  • Host sub regional workshops that promote Inter-American and international law on international commercial arbitration, including relevant legal norms on the topic as contained in various sub regional trade agreements.

  • Incentivize the training of trainers, encouraging workshop participants to replicate the training program locally.

  • Create networks and databases to facilitate the exchange of knowledge and the use of modern information technology for information sharing.

Results: The project team orchestrated a number of activities that included several training workshops and regional seminars and resulted in Four High-Level Meetings on the role of the judiciary in international commercial arbitration. A brief summary of the outcome of these meetings may be found at the following links (Spanish only):