Article from: TDM 5 (2007), in Investor-State Disputes - International Investment Law
This work has obtained the II prize of the Basque Court of Arbitration for the promotion of the arbitration. In this article the author analyzes the relations between jurisdiction of the arbitral tribunals and the Investor-State arbitration clauses in the Treaties. State consent to arbitrate, MFN clause and its relation with procedural issues, distinction of treaty claims and contractual claims and the function of the umbrella clause are the key problems in the investment treaty arbitration today. All of them are examined in this article. The text of the article is in Spanish.