Title
Who wins in international investment arbitration disputes? Evidence from latin American and Caribbean countries’ cases under ICSID
Date Issued
01 January 2021
Access level
open access
Resource Type
journal article
Author(s)
Pontifical Catholic University of Peru
Publisher(s)
Faculty of Economics and Administration
Abstract
During the nineties, an important group of Latin American and Caribbean (LAC) countries adhered to the International Center for Settlement of Investment Disputes (ICSID) as part of a programme of measures that sought to attract foreign investment to the region. With the aim of exploring the determinants of arbitration outcomes, I use a dataset of 161 concluded disputes until 2019 corresponding to investments in LAC countries, finding evidence on the influence of parties’ characteristics, the subject discussed in cases, and characteristics of the tribunal on the arbitration outcomes. I find that 50% of tribunal decisions have been favourable to either claimant investors or host countries. However, this result may be subject to sample bias if information of settlements and discontinued cases is not taken into consideration. I also find evidence in favour of selection and party capability theories that helps to explain the determinants of international investment arbitration dispute outcomes. In particular, the results reveal that disputes related to direct expropriations have a relatively higher probability of being considered founded by tribunals than other legal controversies. Likewise, the indicators of the relative strength of parties, such as experience in the international arbitration system, have an important influence on tribunal awards. Furthermore, country’s time of experience within ICSID is found to have an important influence on the selection of disputes.
Start page
81
End page
113
Volume
13
Issue
3
Language
English
OCDE Knowledge area
Economía, Negocios
Subjects
Scopus EID
2-s2.0-85111662299
Source
Institutions and Economies
ISSN of the container
22321640
Sources of information:
Directorio de Producción Científica
Scopus