Investment arbitration with a special focus on ICSID and Latin America

This work focuses on investment disputes between foreign investors and host states in Latin America that were primarily resolved under the Arbitration Rules of the International Centre for Settlement of Investment Disputes (ICSID) and the ICSID Additional Facility Rules. By performing a case-by-case analysis on selected arbitral awards and decisions rendered by ICSID tribunals and ad hoc committees, this work examines the decision making process of investment disputes within the region. In particular, the examination of the cases focuses on each tribunal’s method of analyzing arguments and the defenses of the parties concerning the application of investment protection standards contained in bilateral investment treaties or the investment chapters of the free trade agreements subscribed to by the Latin American countries. Also, this work takes a unique approach by addressing problematic issues in investment arbitration within the region, and by contextualizing the research within Latin America’s economic and investment environment. The outcome provides a comprehensive view of Latin America’s perspective towards ICSID investment arbitration and its future in the region. The main purpose of this work is to provide an answer to the question of whether or not Latin America should continue with the ICSID arbitration system, and if so, why? This paper proposes changes to and the development of investment arbitration in Latin America, in particular in relation to ICSID. The conclusion focuses on solutions to balance the interests of host states and foreign investors. The research contained in this book and its conclusions represent a useful tool for arbitrators, judges, legal practitioners, academics, and students, to facilitate comprehension of the development of investment arbitration in Latin America and its future trends. Also, this book provides a clear understanding of the expansion and application of investment arbitration jurisprudence in the Latin American cases. International Law