Systems of Legal Defence Used by Latin American Countries in Investment Disputes

Polanco, Rodrigo Javier (2016). Systems of Legal Defence Used by Latin American Countries in Investment Disputes. Journal of world investment & trade, 17(4), pp. 562-593. Brill 10.1163/22119000-12340004

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This article describes the main features of the systems of legal defence that Latin American countries have been using when facing investment arbitration. It focuses on Argentina, Venezuela, Ecuador, Mexico, Peru, Bolivia, and Costa Rica, as a group of countries representative of the region and examines their strategies of internalisation or externalisation of the State’s legal defence and briefly addresses whether a policy to prevent investment disputes is in place. The article concludes that there is no uniform strategy of Latin American countries for the legal defence of investment disputes, but the large majority of States follow a mixed approach employing in-house lawyers and external counsel. With respect to the prevention of investment disputes, only some countries in the region have considered a preventive approach, or foster the use of alternative dispute resolution (ADR).

Item Type:

Journal Article (Original Article)

Division/Institute:

02 Faculty of Law > Department of Economic Law > Institute of European and International Economic Law
02 Faculty of Law > Department of Economic Law > World Trade Institute
10 Strategic Research Centers > World Trade Institute

UniBE Contributor:

Polanco, Rodrigo Javier

Subjects:

300 Social sciences, sociology & anthropology > 320 Political science
300 Social sciences, sociology & anthropology > 340 Law

ISSN:

1660-7112

Publisher:

Brill

Language:

English

Submitter:

Rebecca Anne Gilgen

Date Deposited:

29 Nov 2016 11:17

Last Modified:

29 Nov 2016 11:17

Publisher DOI:

10.1163/22119000-12340004

Related URLs:

URI:

https://boris.unibe.ch/id/eprint/90436

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