Investment Treaty Arbitration in Latin America

Abstract

This study analyzes variations in the incidence of state involvement in investment treaty arbitration in Latin America and the Caribbean over the 1987–2014 period. Its main contributions are fourfold. First, by focusing on the balance of incentives and opportunities facing political leaders and foreign investors, the study establishes a new basis for understanding the reasons actors opt for the risks and uncertainties of international arbitration instead of resolving international investment disputes via alternative means. Second, by restricting the focus of research to the Latin American region, the study is able to move beyond the analysis of relatively time-invariant structural and institutional conditions and crude indicators to address the role played by the preferences of political actors. Third, by disaggregating disputes by sector of investment, the analysis documents the variable role of ideology and electoral incentives in investment treaty arbitration. Finally, by underlining the distinctiveness of the Latin American experience with investment treaty arbitration, the study offers new insights into the global backlash against investment treaty arbitration, which has gone farther in the region than anywhere else. Overall, the results underline the potential payoffs of breaking down the international experience with investment treaty arbitration into regional patterns to obtain a deeper and more granular understanding of the political economy of investor-state dispute settlement.