An analysis of the provisions included in the different BITs shows that, in negotiations with important capital exporting countries, there was generally a prevalence of provisions proposed by the capital exporting counterpart. This was shown by the prevalence in the Argentine BITs of provisions...

On March 5, 2014, the United States Supreme Court, in BG Group PLC v. Republic of Argentina,1 ruled for the first time on the standard of review U.S. courts should apply when examining investment treaty awards to determine whether an arbitral tribunal exceeded its powers. In a 7-2 split, with a...

Following a major economic crisis in late 2001, Argentina undertook several reforms which led to investment disputes before ICSID. The major issue for the tribunals was to establish in which circumstances the ‘state of necessity' doctrine is deemed applicable to a certain situation, which...