Abstract

CASTILLO MENESES, Yadira. States as Claimants in Treaty Based Investment Arbitration? A Comment about Urbaser vs. Argentina Award. Anu. Mex. Der. Inter [online]. 2020, vol.20, pp.443-457.  Epub Mar 19, 2021. ISSN 1870-4654.  https://doi.org/10.22201/iij.24487872e.2020.20.14482.

The inequity of advantages and disadvantages between the foreign investors and the States in treaty-based investment arbitration, has entailed to rethink the negotiation of international agreements. In that sense, States are considering the inclusion of commitments for foreign investors, the denial of benefits and the review of the scope and content of some core provisions. In Urbaser vs. Argentine, the tribunal held the possibility that States act as claimants in investment arbitration disputes. Such statement suggests asking the feasibility to reach that point. This comment assesses some core institutions of arbitration proceedings, as well as the inclusion of commitments for foreign investors in the new generation of investment treaties.

Keywords : consent; arbitration agreement; offer; obligations; liability; international investment agreements.

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