For more information about the impacts of the investment protection regime in Latin America and the Caribbean www.isds-americalatina.org Impacts of Investment Arbitration Lawsuits Against States in Latin America and the Caribbean1 TABLE OF CONTENTS The Explosion in the Number of Claims 3 The Countries Being Sued 4 A Boom in Claims Over the Past Decade 5 Arbitration Winners and Losers 6 The Countri. [...] In addition to the 18 cases in which a settlement was reached, we can infer that 85% of the claims resolved in the case of Argentina were decided in favour of the investor. [...] The country is currently using established procedures to seek annulment of the award.21 8 THE SMALLEST AMOUNT PAID IN THE HISTORY OF ARBITRATION The smallest amount ever paid in the history of arbitration related to the claim filed by Aguas del Tunari (a subsidiary of the US corporation Bechtel) against Bolivia for having terminated its concession to supply water in Cochabamba. [...] Arbitrators in the Cases The arbitral tribunal is a panel of three arbitrators: one is usually nominated by the investor and one by the state, and the president is appointed by mutual agreement between the parties. [...] 14 • In two of the 14 claims resolved, the amount of the award or settlement was not disclosed 15 • This amount is based on the 142 claims for which the final amount that states had to pay to investors is known, whether as the result of the tribunals’ award or the settlement between the parties.
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- Netherlands
Table of Contents
- Impacts of Investment Arbitration Lawsuits Against States 3
- 380 28.5 4
- In of the cases resolved the investor won 4
- 774 ICSID. 4
- 2023 4
- ARGENTINA VENEZUELA MEXICO PERU AND ECUADOR 4
- 244 4
- Governments have been ordered to pay foreign investors 4
- 224 4
- SUMMARY 4
- The Explosion in the Number of Claims 5
- The countries being sued 6
- A Boom in Claims Over the Past Decade 7
- 2023 28 7
- Arbitration Winners and Losers 8
- The Countries that Lost the Most Cases 9
- The Cost of the Claims 9
- 1996 279083 bn 9
- 33629 bn 9
- 33629 bn 10
- 60674 bn 10
- REPSOL v. Argentina 10
- Investors Nationality 12
- Treaties invoked 12
- Economic sectors affected by claims 13
- 380 22.4 13
- Arbitrators in the Cases 14
- 10 44 14
- The Law Firms Defending Investors and States 15
- The rules of the game and the institutions enforcing them 16
- 294 16
- 77.4 16
- 72.6 17
- Sources 18
