By: Carolyn A. Dubay, Associate Editor, International
Judicial Monitor and
Assistant Professor, Charlotte Law School
The Organization of American States, or OAS, was
established in 1948 among the nations of North, Central and South America to
promote peace and democracy, provide a common defense and to work cooperatively
on political, legal and economic problems. There are currently 35 members
(including the United States) and 67 permanent observers, including the
European Union. Among the many accomplishments of the OAS is the promulgation
of a number of conventions in the area of private international law.
To achieve its objectives in private international
law, the kOAS has sponsored a series of specialized conferences to develop and adopt
conventions to address certain aspects of transnational civil litigation
involving parties from member states. These conferences, known as CIDIPs based
on their Spanish acronym, have taken place seven times and have resulted in the
development of 26 international instruments (including conventions, protocols,
uniform documents and model laws). The first OAS conference on private
international law, CIDIP-I, took place in Panama
City, Panama in 1975 and resulted in the development of six conventions covering
international trade and procedural law. Among these conventions was the
Inter-American Convention on International Commercial Arbitration, which the
United States signed in 1975 and later ratified. The United States also signed
and ratified the Inter-American Convention on Letters Rogatory, which was also
promulgated at CIDIP-I, and later joined the Additional Protocol to the
Inter-American Convention on Letters Rogatory.
The OAS Convention on International Commercial
Arbitration, commonly referred to as the Panama Convention, governs the
enforceability of arbitration agreements relating to international commercial
transactions between parties who reside in signatory states. One of the major
thrusts behind the adoption of the Panama Convention was the hostility in many
Latin American countries to the enforceability of arbitration agreements and
the use of foreign arbitrators.
The Panama Convention complements the United States’ membership to the 1958 Convention on
the Recognition and Enforcement of Arbitral Awards (known as the “New York
Convention”). Both the Panama Convention and the New York Convention are
codified in the Federal Arbitration Act. Congress implemented the Panama Convention in 1990 by amending the
Federal Arbitration Act to include a new chapter that governs enforcement of
the treaty in the United States. Under 9 U.S.C. § 301, “[t]he Inter-American Convention on International
Commercial Arbitration of January 30, 1975, shall be enforced in United States
courts . . . .”