Contratos de estado y arbitraje de inversión

Abstract

The system of foreign investment protection reflects a pre-eminence of treaties as the  main substantive source of international investment arbitration. Furthermore, legal doctrine focuses on treaties and tend to overlook the attention that transnational contracts require. However, recent ICSID caseload statistics show a growing trend towards investment disputes based on contracts concluded between foreign investors and host States. Considering the current debate around investment-treaty arbitration, the article argues that “state contracts” may regain their historical relevance, making it essential to identify their particularities and the potential international responsibility arising from them.