- International procedural law — Arbitration
This chapter discusses the recent resurgence of ‘resource nationalism’ in the Latin American region. These include the shift in the political and economic control of the energy sector from foreign, private interests to domestic, state-controlled companies and the disputes this has triggered. After looking at the historical background of investor-state arbitration in Latin America, the chapter analyzes relevant strategies used by investors and states to defend their standpoint on resource nationalism. It also identifies which ones have proved most successful in relation to fiscal measures and nationalizations by certain Latin American states. The chapter also provides an assessment of corporate restructuring strategies used by foreign companies to challenge these types of resource nationalism measures.
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