Local Litigation Requirements in International Investment Agreements: Their Characteristics and Potential in Times of Reform in Latin America
| Autor: | Facundo Pérez Aznar |
|---|---|
| Rok vydání: | 2016 |
| Předmět: |
Latin Americans
Jurisdiction Scope (project management) business.industry Interpretation (philosophy) media_common.quotation_subject International trade International law Good governance Political Science and International Relations Arbitration Economics Business and International Management business Function (engineering) Law General Economics Econometrics and Finance media_common |
| Zdroj: | The Journal of World Investment & Trade. 17:536-561 |
| ISSN: | 2211-9000 |
| DOI: | 10.1163/22119000-12340003 |
| Popis: | A number of international investment agreements (IIAs) set out a ‘local litigation requirement’, i.e. specify that recourse to investor-State arbitration becomes possible only after a certain period of time spent litigating in domestic courts. Numerous tribunals have dealt with this type of provision but they have followed different approaches as to its nature, function and scope, or as to whether non-compliance with it can be excused. This article focuses on the different aspects of local litigation requirement clauses in search of an interpretation that gives effectiveness to the provision, paying particular attention to the experience of Latin American countries and arbitral decisions discussing this topic, which in most cases involve countries from this region. It is argued that this precondition has an enormous potential to foster good governance and could serve to achieve a better coexistence between investor-State dispute settlement (ISDS) and local tribunals. |
| Databáze: | OpenAIRE |
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