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Home Legal Insights Worldwide Perspectives Arbitral Institutions' Spotlights

CIAM-CIAR – A New Era for Arbitration in Ibero-America

2 December 2024
in Americas, Arbitral Institutions' Spotlights, Arbitration, Europe, Latin America, Legal Insights, Spain, World, Worldwide Perspectives
CIAM-CIAR – A New Era for Arbitration in Ibero-America

THE AUTHOR:
Marta Lalaguna Holzwarth, Secretary General of CIAM-CIAR


The International Arbitration Center of Madrid – Ibero-American Arbitration Center (CIAM-CIAR) continues its efforts to enhance the use of international arbitration in the Ibero-American region.

Formation Through Unity: The Birth of CIAM-CIAR

CIAM-CIAR’s origin follows a broader vision to provide Ibero-American businesses with a competitive arbitration forum that understands the unique legal cultures and business dynamics of the region.

Established in 2020 through the merger of three prominent arbitration institutions in Spain – the Court of Arbitration of Madrid (CAM), the Spanish Court of Arbitration (CEA), and the Civil and Commercial Court of Arbitration (CIMA) – CIAM has grown rapidly.

In 2024, CIAM signed an alliance with the Ibero-American Arbitration Centre (CIAR) founded in 2015 under the auspices of the Ibero-American General Secretariat and the Conference of Ministers of Justice of Ibero-American Countries.

After incorporating CIAR’s case load, now CIAM CIAR has administered over 44 international arbitration cases and recently published the new Arbitration Rules. The CIAM-CIAR Arbitration Rules 2024, drafted by its Best Practices Commission, incorporate the best practices in international arbitration and have streamlined its procedures to offer more cost-effective and efficient solutions.

Meeting a Regional Need: The Ibero-American Focus

The need for an Ibero-American international arbitration institution of reference is too large to overlook. Roughly, the region accounts for up to 25% of global arbitration cases, yet businesses traditionally sought resolution in cities like Paris, London, and New York. The creation of CIAM-CIAR responds to a growing demand for a regionally focused institution that can provide agility, security, and expertise in matters closely linked to Ibero-American markets. The advantage of offering services in languages like Spanish and Portuguese, along with an understanding of the shared legal traditions across the region, positions CIAM-CIAR as an interesting alternative.

Along with this effort, comes the effort of promoting Ibero-American seats of arbitration which aligns with the broader goal of making the region a hub for international dispute resolution. Madrid, for example, has positioned itself as a significant arbitration seat, supported by favorable Constitutional Court decisions defending the validity of awards, a sturdy judicial structure and rule of law, a vibrant and ever-growing arbitral community and strategic location between Europe and Latin America. Other seats like Santiago, Chile or Lima, Perú also have significant advantages for Ibero-American parties including arbitration-friendly legal systems and reduced costs.

Moreover, this past November the XXIX Ibero-American Summit was held in Cuenca, Ecuador, bringing together Ibero-American Heads of State and Government, as well as over 1.000 of the regions businesses. During the event, the Summit explicitly recognized “the strategic alliance between the Ibero-American Arbitration Center (CIAR) and the Madrid International Arbitration Center (CIAM) as part of the strengthening and promotion of regional mechanisms for resolving commercial disputes.” This unprecedented recognition by the highest leaders of the Ibero-American countries establishes CIAM-CIAR as the leading arbitration institution for handling disputes involving Ibero-American parties.

CIAM-CIAR’s Numbers

Since its inception, CIAM-CIAR has administered 44 arbitration cases involving parties from 26 different countries, including Spain, Italy, Bolivia, Germany, France, Switzerland, and the United States. The average amount in dispute across all cases is approximately 5.1 million euros, which reflects the institution’s ability to handle complex, high-value cases.

Moreover, in terms of time, the average duration of a case at CIAM-CIAR is approximately 13 months. For smaller or simpler disputes, CIAM-CIAR offers abbreviated and hyper-abbreviated procedures, with the former having an average duration of 8 months and the latter an average of 4 months. This focus on agility and responsiveness is part of CIAM-CIAR’s commitment to its users’ needs.

More information on CIAM-CIAR’s statistics available here.

CIAM-CIAR’s Commissions and Working Groups

CIAM-CIAR operates with a robust structure of commissions responsible of taking the most important decisions for the institution and which include – ad honorem – the most prominent professionals in the field. These commissions include the Appointment of Arbitrators Commission, responsible for overseeing the nomination and confirmation of arbitrators, chaired by the President – José María Alonso.

Another key body is the Award Scrutiny Commission, which, alongside the CIAM-CIAR General Secretariat reviews arbitral awards before their issuance, enhancing their quality and ensuring the awards meet international standards for clarity and enforceability.

Moreover, the mentioned Best Practices Commission – chaired by Alexis Mourre – plays a vital role in maintaining CIAM-CIAR’s adherence to international best practices. Having been instrumental in updating the CIAM-CIAR Arbitration Rules 2024, currently this Commission is working on a Procedural Guide aligned with the new Rules, ensuring that the conduct of arbitration proceedings follows the latest regulatory framework.

The Arbitrators Challenges Commission is tasked with resolving any challenges to the impartiality of arbitrators, guaranteeing fairness and transparency in these highly sensitive matters.

These commissions, which host a total of 53 reknown arbitration practitioners coming from 37 countries, collectively strengthen CIAM-CIAR’s ability to provide efficient, transparent, and high-quality arbitration services, ensuring it always keeps up.

Additionally, CIAM-CIAR has established Working Groups composed of 218 experts coming from both companies and law firms from diverse industries. These groups act as think tanks that focus on areas such as investment arbitration, digital economy, construction, banking, corporate, and more. These groups share their work and research in an annual “Working Groups Meeting” that attracts over 200 professionals, fostering dialogue between SMEs, large companies, and legal experts in Ibero-America​. This unique collaborative approach ensures that CIAM-CIAR remains as close as possible to its final users: enterprises.

Therefore, while CIAM-CIAR is a generalist institution – it can administer cases of any sector – it achieves a crucial goal through its Working Groups: specialization. This unique collaborative approach ensures that CIAM-CIAR remains at the forefront of addressing sector-specific challenges through arbitration, providing tailored expertise to meet the needs of various industries.

Expansion and Growth in Latin America: Strengthening the Team

In line with its mission to expand its presence across the Ibero-American region, CIAM-CIAR is pleased to announce the appointment of María Paula Jijón Andrade as Deputy Secretary General. Jijón, of Ecuadorian nationality, brings her expertise in international arbitration, having worked for CIAM-CIAR and the Madrid Court of Arbitration and, before, working with international arbitrator, David Arias. Joining Jijón are two new legal counsels, Thalía Jiménez Vilcayauri and Stefano Lobatón Ramírez, both of Peruvian nationality. Jiménez, a law graduate from Universidad Peruana de Ciencias Aplicadas (UPC), has a robust background in international arbitration, with notable achievements in moot court competitions. Lobatón, with over eight years of experience in the Peruvian international arbitration market and has worked in key legal roles at major Peruvian financial institutions.

CIAM-CIAR believes that these new incorporations are essential as their know-how, in terms Peruvian, Ecuadorian and Latin legal systems, as well as the arbitral culture and key players, is key to accomplish its institutional goal of truly being a Center of reference in Ibero-America.

The Road Ahead: CIAM-CIAR’s Vision for the Future

According to CIAM-CIAR Chair José María Alonso, “this team reinforcement responds to the growth and needs of a thriving arbitral institution and aligns with the strategic goal of consolidating its leadership in the field of international arbitration with a particular focus on the Latin American region”. These appointments reflect CIAM-CIAR’s dedication to enhancing its expertise and capacity to administer high-quality arbitration proceedings, ensuring that its users receive the best possible service directly from “locally sourced” professionals with an unprecedented recognition by the highest authorities and industry leaders of the Ibero-American.

As CIAM-CIAR strives to position itself as the reference institution for Ibero-America, leveraging the shared culture and common languages such as Spanish and Portuguese, Madrid itself also bound to become a go–to destination with the upcoming ICCA Congress in 2026, adding even more momentum to this Ibero-American arbitration age.


ABOUT THE AUTHOR

Marta Lalaguna Holzwarth, Secretary General of CIAM-CIAR and the Madrid Court of Arbitration, is an accomplished lawyer with extensive experience in arbitration and litigation. With specialized training in legal consulting and communication, she previously worked as Counsel at CMS Albiñana & Suárez de Lezo and as an associate at Cuatrecasas, advising leading companies in sectors such as construction, insurance, and banking. She has participated in arbitrations under the rules of international institutions, including ICC, and CIMA, among others. Additionally, she is an author and speaker on topics related to alternative dispute resolution and hybrid arbitration methods.


*The views and opinions expressed by authors are theirs and do not necessarily reflect those of their organizations, employers, or Daily Jus, Jus Mundi, or Jus Connect.

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