Transcript of the presentation by Alejandro Escobar (Session Four: Contractual Claims, Courts and Bilateral Investment Treaties)
Article from: TDM 4 (2005), in BIICL Investment Treaty Forum Conference
Introduction
I propose to touch on three topics. First, in connection with the body of jurisdictional decisions that has arisen from the cases involving Argentina, I propose to restate the general proposition as regards the distinction between treaty claims and contract claims (which has mostly already been done); secondly, to refer specifically to the decision in Azurix Corporation v Argentina , where the tribunal was faced with an express waiver of jurisdictional fora other than the local courts; and thirdly, to outline some implications of this decision for possible hypothetical ...