Expropriation and the Settlement of Investment Disputes: An Account of the Controversy between Repsol and Argentina

Autor: Alexis Rodrigo Laborías
Rok vydání: 2015
Předmět:
Zdroj: Global Jurist. 15
ISSN: 1934-2640
2194-5675
DOI: 10.1515/gj-2014-0009
Popis: The article analyzes the controversy between Argentina and the Spanish corporation Repsol, arisen from the expropriation in 2012 of the latter’s shares in the local oil company YPF. From the standpoint of the international law on foreign investment, two issues are considered. Firstly, whether this taking fulfilled the requirements acknowledged as international standard for a valid expropriation, as well as the conditions laid out in the Bilateral Investment Treaty between Argentina and Spain. Secondly, the shifting process of dispute settlement, represented as an interaction between negotiation and arbitration, which finally led to a mutually accepted agreement.
Databáze: OpenAIRE