Last edited by Voktilar
Sunday, January 26, 2020 | History

3 edition of Latin American investment treaty arbitration found in the catalog.

Latin American investment treaty arbitration

Latin American investment treaty arbitration

the controversies and conflicts

by

  • 234 Want to read
  • 20 Currently reading

Published by Wolters Kluwer Law & Business, Sold and distributed in North, Central, and South America by Aspen Publishers in Austin [Tex.], Frederick, MD .
Written in English

    Subjects:
  • Investments, Foreign -- Law and legislation -- Latin America,
  • Arbitration and award -- Latin America,
  • Arbitration and award, International

  • Edition Notes

    Includes bibliographical references and indexes.

    StatementMary H. Mourra, editor and contributor ; Thomas E. Carbonneau, general editor.
    ContributionsMourra, Mary Helen., Carbonneau, Thomas E.
    Classifications
    LC ClassificationsKG744 .L38 2008
    The Physical Object
    Paginationxiv, 210 p. ;
    Number of Pages210
    ID Numbers
    Open LibraryOL23192962M
    ISBN 109041127852
    ISBN 109789041127853
    LC Control Number2009285852

    As with many aspects of Latin America, lawyers agree that when it comes to arbitration it is a region of contradictions. Countries are still complying with their obligations, albeit in different ways. This is another example of the impact that a political election might have on future disputes. Roosevelt Corollary[ edit ] When the Venezuelan government under Cipriano Castro was no longer able to placate the demands of European bankers innaval forces from Britain, Italy, and Germany erected a blockade along the Venezuelan coast and even fired upon coastal fortifications. Peru now has ratified numerous investment treaties and participates in various investment arbitrations. Yannaca-Small This tome includes articles written by many experienced investment arbitration practitioners, covering everything from interim relief to annulment proceedings.

    Many of them also sit in arbitrations unrelated to the region. Most of Latin America is still part of the Organization of American Statesand remains bound by the Inter-American Treaty of Reciprocal Assistance also known as the Rio Pact, which provides for hemispheric defense, with the exceptions of BoliviaCubaEcuadorNicaraguaMexico and Venezuelaall of which withdrew from the Treaty during the past decade. Application process To submit a proposal, please send an email to the following address custom. He can be contacted at: jhamilton whitecase. Dolzer, C. Both practitioners and arbitral tribunals rely on this book on a regular basis.

    Significantly, troubling developments in a few markets have not stopped the ratification of additional investment treaties. First, there is widespread distrust by the way arbitration is handled in the region. Damages in International Investment Law, S. Controversially, Roosevelt implied to Panamanian rebels that if they revolted, the U. Liberti, A.


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Latin American investment treaty arbitration book

Despite this, European interventions continued to occur in American countries with the tacit or explicit support of the United States. Dugan, D. Primarily theoretical in nature, it is well-written. The practice has particular experience in a number of specialised substantive areas, including: disputes involving states; energy; financial services; joint venture, services and franchise disputes; insurance; mergers and acquisitions; construction and engineering; intellectual property; telecommunications; and employment.

Both practitioners and arbitral tribunals rely on this book on a regular basis. The role of CIL in execution and annulment proceedings in domestic courts is the focal point of this thematic issue.

Latin American Investment Treaty Arbitration. The Controversies and Conflicts

The Washington Protocols agreement was signed on February 13, Venezuela has the eighth largest natural gas reserves in the world.

No jurisdiction is immune from bad decisions, however, no matter how conversant with international arbitration their courts may be. Rubins and B. Significantly, troubling developments in a few markets have not stopped the ratification of additional investment treaties.

Large-scale immigration to the United States came primarily from Mexico and Cuba. Main article: Monroe Doctrine The Monroe Doctrinewhich began the United States' policy of isolationismdeemed it necessary for the United States to refrain from entering into European affairs, but to protect nations in the Western hemisphere from foreign military intervention.

Oil drills in Venezuela, where officials have opposed mechanisms to resolve investment disputes. Although there is no sign of this happening now, given Latin America's historical political swings, this could change in the not-so-distant future. Do they in fact promote investment and do they as a practical matter protect investors?

The American military was easily triumphant. Repeatedly it seized temporary control of the finances of several countries, especially Haiti and Nicaragua. Or are they perhaps something entirely new and beyond custom or even beyond law?

Ecuador, Mexico and Argentina have also faced multimillion investment or commercial arbitration claims against them or their state-owned companies. Below we discuss the potential for arbitrations resulting from such measures in Mexico and Argentina, as well as in the renewable energy sector.

Kulick Based on a dissertation, this interesting academic work looks at the role of the public interest in international investment law, examining such issues as international investment law and the environment.

Investment Treaty Arbitration Books

Although the state continued to own the country's oil and gas resources,25 the government would carry out the exploration and extraction of hydrocarbons through assignment to state companies or through contracts with private investors. Argentina, for example, has enacted legislation on PublicPrivate Partnership Contracts expressly providing for arbitration clauses in such contracts.

For example, inMacri's government launched RenovAr a programme aimed at diversifying the country's energy matrix, easing dependence on imported fossil fuels and reducing carbon emissions. The great majority of the countries in the region have ratified the New York Convention; 18 countries have ratified the Panama Convention; and 10 have ratified the Montevideo Convention.

Should the standards of compensation be perceived as reflecting CIL? Our established investment treaty arbitration practice is grounded in the extensive expertise and strong track record of our dedicated team.

If so, do they do so across the board or only regarding specific rules and specific topics? We have a stand-out practice advising Governments on drafting investment treaties.Mr.

Pawlak has written on international arbitration and trade and investment treaty issues, including a book chapter entitled Managing Investment Treaty Obligations And Investor-State Disputes: A Guide for Government Officials (Kluwer International Law ). For a traditional format CV, please click here.

Investment arbitration. 45 Washington Convention Bilateral treaties on investment protection. 11 URÍA MENÉNDEZ Uría Menéndez is a Latin American and other international lawyers contribute first-hand experience in China related work and overcome the challenges of having to. Nowhere in the world has the process of investment treaty arbitration been more volatile or unpredictable than in Latin America.

Although the rush of bilateral investment treaties (BITs) entered into by Latin American countries during the s seemed to promise stable guarantees and security Price: $ Mar 18,  · Our established investment treaty arbitration practice is grounded in the extensive expertise and strong track record of our dedicated team.

Our team has advised on some of the highest profile and most complex investment treaty arbitration matters and is highly regarded in the field.

Common trends in international arbitration in Latin America

Our practice spans investment disputes around the globe. Latin America–United States relations are relations between the United States of America and the countries of Latin hildebrandsguld.comically speaking, bilateral relations between the United States and the various countries of Latin America have been multifaceted and complex, at times defined by strong regional cooperation and at others filled with economic and political tension and rivalry.

Many useful investment treaty arbitration books can be consulted using this free online resource. A common starting point for many legal issues concerning investment treaty arbitration, especially but not exclusively in the ICSID context, is Christopher Schreuer’s The ICSID Convention: A Commentary, an excellent book.