Investor-State Arbitration v State-State Arbitration in Bilateral Investment Treaties
Article from: TDM 2 (2004), in Case Comments & Awards
Comment
It is reported that following the decision by a Chilean firm, Lucchetti, to institute investor-State arbitral proceedings against the Peruvian Government under the terms of the Chile-Peru Bilateral Investment Treaty, the Peruvian Government has responded by invoking the State-State arbitration procedure of the same treaty. Both the investor-State dispute and the State-State dispute have been officially registered with the Secretariat of the ICSID. This appears to be the first instance where a State has resorted to State-State arbitration under an investment treaty, with ...