Journal Article

Investment Arbitration in Latin America

in Arbitration International

Published on behalf of The London Court of International Arbitration

Volume 30, issue 2, pages 357-386
Published in print June 2014 | ISSN: 0957-0411
Published online August 2014 | e-ISSN: 1875-8398 | DOI: https://dx.doi.org/10.1093/arbitration/30.2.357
Investment Arbitration in Latin America

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The habitual description of the Latin American take on investment arbitration as one of hostility fails to capture the complexity and fine nuances of the relationship between Latin America and the investor-state dispute resolution mechanism. The article reconsiders the notion of hostility by canvassing the historical context of Latin American investment arbitration, and evaluating some particular topics that have surged in recent years. These include the particularities of compliance and enforcement in relation to awards delivered against Argentina and Ecuador, negotiations on the creation of a regional arbitration center under the aegis of UNASUR, and considerations of the public interest in arbitrations involving Latin American states. In exploring these topics, the article argues that there is no single Latin American approach to investment arbitration and that, overall, the region’s perception of dispute settlement should not be considered as particularly hostile to it.

Journal Article.  15567 words. 

Subjects: Arbitration ; Company and Commercial Law ; Competition Law ; Employment and Labour Law ; Settlement of Disputes

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