International Arbitration Lawyers in Panama
International arbitration lawyers in Panama. Representation before ICSID, ICC and the CCIAP Arbitration Center in commercial and investment disputes.
Why Panama has become a growing arbitration seat in Latin America
Panama has built, over the past two decades, a modern and arbitration-friendly legal framework that positions it as a growing seat for resolving commercial and investment disputes in Latin America. Law 131 of December 31, 2013 on National and International Commercial Arbitration, based on the UNCITRAL Model Law, guarantees the autonomy of the arbitral process, limited judicial intervention and the enforceability of awards. Panama is a signatory to the 1958 New York Convention, ensuring recognition and enforcement of arbitral awards in more than 170 jurisdictions.
This framework is complemented by solid institutional infrastructure: the Conciliation and Arbitration Center of the Panama Chamber of Commerce, Industries and Agriculture (CCIAP), a growing community of specialized arbitrators and counsel, and Panama’s position as a neutral seat for regional arbitrations. For foreign companies operating across Central America and the Caribbean, choosing Panama as the seat combines legal certainty with procedural efficiency.
Types of disputes we handle
We represent clients in international commercial arbitrations under ICC, CIAC, AAA-ICDR and CCIAP rules; in investment arbitrations under ICSID and UNCITRAL Rules invoked under the network of bilateral investment treaties Panama maintains with countries in the Americas, Europe and Asia; and in domestic arbitrations under Law 131 of 2013. The most frequent matters include breach of supply and distribution contracts, construction and infrastructure project disputes (EPC and O&M), joint venture and SPV conflicts, M&A controversies (representations and warranties, price adjustments, earn-outs), financing contract disputes, and foreign investor claims against the State under BITs.
Recognition and enforcement of arbitral awards in Panama
An award is only worth what can be enforced. We assist clients enforcing foreign awards in Panama (under the New York Convention) and Panamanian awards abroad. The exequatur procedure in Panama is relatively efficient when the award is well-grounded and does not fall within the limited grounds for refusal. We also represent clients in award annulment proceedings, where Panama follows the restrictive standard of the UNCITRAL Model Law: judicial review is limited to serious procedural defects or violations of international public policy, not a substantive re-examination.
The arbitral process in Panama step by step
Arbitration strategy starts before the dispute, at the drafting of the arbitration clause. We advise clients on seat selection, language, institutional rules, number of arbitrators, appointment mechanisms, applicable law and interim measures. A well-drafted clause dramatically reduces the cost and friction of any eventual proceeding. When a dispute arises, we manage the request for arbitration, answer and counterclaim, arbitrator appointments (including challenge procedures when needed), procedural organization through terms of reference and procedural order No. 1, document discovery and production, witness and expert hearings, closing arguments and post-hearing briefs.
In complex arbitrations we coordinate with quantum experts, technical experts (forensics, engineering, construction), e-discovery and managed document review services. Strategy is tailored to the client: in reputationally sensitive disputes we prioritize strict confidentiality; in disputes with criminal exposure we coordinate with the criminal defense team; in regulatory disputes we integrate the regulatory team to preserve the client’s position before national authorities.
Investment arbitration under ICSID and BITs
Panama has growing exposure to investment arbitration through the combination of large-scale infrastructure projects (Panama Metro, Canal expansion, airports, ports, energy), regulatory reforms and an active BIT network. We advise both foreign investors evaluating claims against the Panamanian State and companies with similar disputes in other jurisdictions where Panama acts as holding. We cover the pre-arbitral phase of notice of dispute and amicable settlement, filings before ICSID, the jurisdictional phase (consent, nationality, BIT requirements), the merits (indirect expropriation, FET, national treatment, MFN) and quantum.
FAQ
What is the difference between commercial and investment arbitration?
Commercial arbitration resolves disputes between private parties under a contract. Investment arbitration resolves disputes between a foreign investor and a host State under a bilateral investment treaty or State contract, and is typically administered before ICSID or under UNCITRAL Rules. Rules, defenses and evidentiary dynamics differ significantly.
How much does an international arbitration seated in Panama cost?
Costs vary with amount in dispute, number of arbitrators, technical complexity and duration. The CCIAP Arbitration Center’s institutional fees are competitive against Miami or Madrid centers. Counsel fees can be structured hourly, by procedural phases or with alternative arrangements. In the initial consultation we assess economic viability before recommending arbitration.
How long does an arbitration in Panama take?
A medium-complexity commercial arbitration at the CCIAP typically takes 12 to 24 months from request to award. ICC or CIAC arbitrations take 18 to 36 months. ICSID investment arbitrations exceed 36 months. Timing improves with well-drafted clauses and a disciplined procedural strategy.
Can interim measures be requested?
Yes. Interim measures may be requested from the arbitral tribunal once constituted and, in urgent cases, from national courts before tribunal constitution. Panama recognizes the tribunal’s power to order interim measures under Law 131 of 2013.
Do you work in English?
Yes. We handle international arbitrations in English and Spanish, with documentary and oral procedural experience in both languages.
Disclaimer
The content on this page is informational and does not constitute legal advice. Each situation requires individual analysis with a Paralelaw attorney. Schedule your free consultation.
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