Regional Update on Regulations in the Americas with Potential Impact in Investment Disputes
Across the Americas, governments are advancing regulatory reforms that directly affect foreign investment. Mexico is reshaping its electricity market through new energy policies. Colombia has adopted a significant tax reform and issued Presidential Directive No. 5 of 2025, which creates new requirements for State entities that enter into arbitration agreements. Chile continues to debate constitutional changes that could transform the framework for natural resources and water rights. These fiscal, environmental and institutional developments reflect legitimate public policy goals, but they also increase the likelihood of investment disputes. This panel will explore the most recent regulatory and policy developments in the region and assess their potential impact on investment arbitration. Speakers will analyze how shifts in domestic legislation, new institutional practices and political dynamics may affect treaty-based claims, contract disputes and investment disputes. The discussion aims to provide practitioners, policymakers and investors with insights into emerging risks and strategies for navigating the evolving dispute-resolution landscape in the Americas.