Regulators and the Judiciary in Latin America

In this episode of the ⁠International Insolvency Institute⁠’s Global Perspectives podcast, we covered the role of regulators and the judiciary in LATAM. Our expert panelists were Susana Hidvegi Arango (business insolvency, complex litigation, and arbitration advisor), Javier Armando Lorente (Lorente & Lopez Abogados) and Roberto Villaseca (Carey LLP). In this podcast, we delve into the critical role of regulators and the judiciary in Latin America's insolvency frameworks, with a focus on Chile, Colombia, and Argentina. Each country has a distinct approach to insolvency law, influenced by historical, economic, and political factors, and the relationship between regulators and the judiciary is central to the success of these systems. We explore recent reforms in Chile that have reshaped the balance between regulators and courts, significant regulatory changes in Colombia, and Argentina’s judiciary-driven insolvency processes, which often operate without a dedicated regulator. Our guests, experts from each country, discuss the evolving roles of regulators and judges, examining challenges such as maintaining judicial independence, managing sector-specific insolvencies, and fostering effective collaboration. They also reflect on the lessons learned from other Latin American jurisdictions and international practices that could enhance the effectiveness of these insolvency frameworks. This podcast offers valuable insights into the dynamics of insolvency law in LATAM, providing listeners with a deeper understanding of the region’s legal landscape and the ongoing reforms shaping its future. The podcast is introduced by NextGen Program Chairperson, ⁠Adam Crane⁠ (Baker & Partners in the Cayman Islands) and moderated by Dr Eugenio Vaccari (Royal Holloway, University of London). The podcast was recorded in early October 2024, with information correct at the time of the recording.