6 Inter-State Arbitration, or Adjudication, and Foreign Investment in the Recent Latin American Experience/Arbitrajes y adjudicaciones inter-estatales de inversión extranjeras en la reciente experiencia latinoamericana

What is it about?

The present Chapter explores the reality of inter-State adjudication arising out of investment disputes in Latin America. The region has witnessed for many years conflicts involving disputes between investors and States that have often escalated into conflicts with the State of origin of the investor, hence affecting the bilateral relations as a whole. In this vein, the region has experienced the development of various methods of dispute settlement, including a number of investment treaties – bilateral and regional – that have introduced investor-State arbitration as a suitable mechanism for resolving investment disputes. However, alongside this development, various investment treaties typically contain a clause with a view to resolving disputes between State parties – clauses that have hardly been used. This Chapter examines the latter mechanism in the context of the region and of its history of adjudication of investment disputes.

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