Arbitration under the 1965 Washington Treaty - Thoughts on the Scope of Protection under Investment Treaties with Argentina

摘要

Since 2002, the International Centre for Settlement of Investment Disputes (ICSID) has received a number of requests for arbitration against the Argentine Republic amounting to a sum that varies from USD16 billion (face value) to USD26 billion (including accessories), based on claims raised by foreign investors of various nationalities, such as French, German, Italian and US, relating to Argentina's infringement of the agreed protection to foreign investors under various treaties for reciprocal investment protection (BITs). Argentina cases, as they are known, represent 60 per cent of all cases subject to ICSID procedures and their final disposition may establish new arbitration doctrines and precedents in the years to come.