European-Latinamerican Arbitration Association (ELArb) – A Dedicated Arbitration Center

elarb-logoThe European-Latinamerican Arbitration Association (ELArb) has set up a dedicated abitration center for disputes related to Latin America, based in Hamburg. ELArb, established in 2014, aims at providing a tailor-made legal framework for disputes between parties from Europe and Latin America.

Working with lawyers from Europe and Latin America, ELArb  has developed the ELArb Arbitration Rules. The ELArb Arbitration Rules form the basis for arbitration proceeding administered by the ELArb Arbitration Center. On an administrative level, the ELArb Arbitration Center works together with the  Hamburg Chamber of Commerce,  established back in 1665, and with other chambers of commerce, particularly from Latin America. One of its founding members is the Lateinamerika Verein, the leading networking and information platform for German companies with business interests in Latin America.

The ELArb Arbitration Rules are based on the UNCITRAL Model Rules and the UNCITRAL Model Law. The model law was the basis of, or at least has significantly influenced, most national arbitration laws in Latin America. The ELArb Arbitration are compatible with Latinamerican legal systems and take their particularities into account. This specialisation notwithstanding, the ELArb Arbitration Center and the ELArb Arbitration Rules are available to parties world-wide, a connection with Europe and/or Latin America is not required. The parties are free to determine the place of arbitration

The ELArb Arbitration Center appears to be part of a trend towards dedicated arbitration services. The Chinese European Arbitration Centre (CEAC), also based in Hamburg, was established in 2008 and has established itself as aplayer in European-Chinese business relations. My guess is that ELArb will enjoy a simlar development, and that we will see centers offering bespoke arbitration services being establised across the globe.

Last but not least: My Hamburg partner Jan Curschmann is not only the Brazilian Honorary Consul in Hamburg, but also one of the driving forces behind the Arbitration Center. Jan is a board member of ELArb, and best placed to answer any questions that you might have.

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