DE UN ARBITRAJE COMERCIAL A UN ARBITRAJE DE INVERSIONES

Abstract

The authors examine the procedural milestones of a dispute between a Dutch investor and a Mexican family, which was resolved in various jurisdictions and before judicial, arbitral and administrative bodies of all kinds. In particular, the dispute was the subject of a commercial arbitration based in Mexico City which, given the impossibility of enforcing the award before Mexican judicial bodies due to rulings that were branded as corrupt, was converted into an investment arbitration, with the Dutch investor claiming that Mexico had violated the fair and equitable treatment to which it was entitled under a bilateral investment protection treaty.