Arbitraje de inversión: ¿un incentivo para la inversión extranjera directa?
There is an unclear and undetermined relationship between international investment arbitration and foreign direct investment (fdi). The text studies whether investment arbitration creates an incentive for fdi, up to confirming that investment arbitration does incentive foreign investment. To do so,...
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| Format: | Article |
| Language: | Spanish |
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Universidad de Los Andes
2014
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=4759462 |
| Source: | Revista Derecho Privado: (Universidad de los Andes), ISSN 1909-7794, Nº. 51, 201429 pags. |
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| Summary: |
There is an unclear and undetermined relationship between international investment arbitration and foreign direct
investment (fdi). The text studies whether investment arbitration creates an incentive for fdi, up to confirming that
investment arbitration does incentive foreign investment. To do so, we will recur to the economic analysis of law and,
specifically, Shavell�s contractual theory regarding both the host State�s and investor�s motives to agree on investment
arbitration. Then, we will review investment arbitration�s classic institutions, the umbrella clause and the fair and equitable
treatment standard, analyzing to what extent each of them influence the decision to take a dispute or not to international
investment arbitration. Finally, a mention of the two main criticisms is made, including the crisis of legitimacy
of private dispute resolution by public parties from the rule of law perspective. |
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