The Sovereign Debtor’s Prison: Analysis of the Argentine Crisis Arbitrations and the Implications for Investment Treaty Law
By , February 8, 2012
This post has been viewed 1,682 times.
This article examines the logical implications of arbitral decisions finding the Argentine government liable for defaulting on approximately $100B in debt to investors during Argentina’s financial crisis in 2002. The author argues that bilateral investment treaties (BITs, under which investors brought claims against the government, do not provide investors as a class the ability to seek relief. The author concludes that liability imposed on the government by arbitrators is inappropriate.
