Investment Arbitration in Latin America: The Uncertain Veracity of Preconceived Ideas

Arbitration International 30 (2), 2014

Winner of the Smit-Lowenfeld Prize of the International Arbitration Club of New York 2016

33 Pages Posted: 18 Nov 2015 Last revised: 21 Jun 2022

See all articles by Catharine Titi

Catharine Titi

CNRS; University Paris II Panthéon-Assas

Date Written: 2014

Abstract

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.

Note: Smit-Lowenfeld Prize of the International Arbitration Club of New York (2016) as best article published in the field of international arbitration in 2014.

Keywords: ISDS, Latin America, UNASUR, investment arbitration, investor-state dispute settlement

JEL Classification: F02, F13, F21, F53, K41, K39, K40, K10, K33, K49, K12, K19, K20, K29, H70, E22, H87, F50, F52

Suggested Citation

Titi, Catharine, Investment Arbitration in Latin America: The Uncertain Veracity of Preconceived Ideas (2014). Arbitration International 30 (2), 2014 , Winner of the Smit-Lowenfeld Prize of the International Arbitration Club of New York 2016, Available at SSRN: https://ssrn.com/abstract=2690775

University Paris II Panthéon-Assas ( email )

CERSA, 12 place du Panthéon
Paris, 75005
France

HOME PAGE: http://catharinetiti.com

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