ALCA FTAA ZLEA - Bilateral Investment Treaties: Dispute Settlement - Argentina/El Slavador

Free Trade Area of the Americas - FTAA

Ministerial
Declarations

Trade Negotiations
Committee

Negotiating
Groups

Special
Committees

Business
Facilitation

Civil
Society

Trade&Tariff
Database

Hemispheric
Cooperation
Program

Home Countries Sitemap A-Z list Governmental Contact Points

Investment Agreements in the Western Hemisphere: A Compendium

Agreement Between Argentina and El Salvador
May 9, 1996

Subject: VII. Settlement of Investment Disputes

A. Definition

B. Pre-Arbitral Consultations and Dispute Settlement Mechanisms
Any dispute relating to the provisions of the Agreement between an investor of one Contracting Party and the other Contracting Party will, to the extent possible, be settled through amicable consultations or negotiations. (Article 10 (1)).
If it was not possible to settle the dispute within a period of six months, it may be submitted, at the request of the investor:
a) to the competent tribunals of the host party; or b) to international arbitration.
Election by the investor of either one of these procedures shall be definitive.
(Article 10 (2)). .

C. Arbitral Settlement of Disputes

1. Conditions

3. Forms de Arbitration
Where the dispute is referred to international arbitration, the investor may refer the dispute to:
a) ICSID; or
b) an ad hoc arbitration tribunal established under the UNCITRAL Arbitration Rules.
(Article 10 (3)).

4. Applicable Law The arbitral tribunal shall decide the dispute in accordance with the provisions of the Agreement; with reference to the laws of the Contracting Party involved in the dispute; terms of any specific agreement concluded in relation to such an investment; and, principles of international law.
(Article 10 (4)).


countries	sitemap	a-z list	governmental contact points