Miami International Arbitration | International Arbitrators in Miami, Florida | Dispute Resolution

Santiago A. Cueto

+1 (305) 777-0377

4000 Ponce de Leon Blvd., Suite 470
Coral Gables, FL 33146
  • Home
  • Blog
  • International Commercial Arbitration
  • International Investment Arbitration
  • Arbitration News
  • Resources
  • About Us
  • Contact Us

International Investment Arbitration

Investment arbitration (“Investor-State Dispute Settlement or ISDS) occurs when a foreign investor brings a claim against a host State. This gives an opportunity for foreign investors to have a fair proceeding and have access to independent experienced arbitrators who will resolve the dispute and render a judgement called an arbitral award. This award will be enforceable either in the government host State or in foreign State where the government maintain some interest or assets.

This proceeding helps the foreign investor to avoid national jurisdictions that perceived to be biased and to resolve the dispute under different protections afforded under international treaties.

For a foreign investor to bring an action against a host state under an investment arbitration, a host State must have given consent either through a written contractual agreement, Bilateral Investment Treaties (BIT’s) Free Trade Agreements (FTA’s) and multilateral agreements.

In order for a foreign investor to find out whether a country has consented to an investment arbitration jurisdiction, the United Nations’ UNCTAD which maintains a list of the vast majority of instruments providing for a host State’s consent to investment arbitration is a great resource in finding out the proper instrument in finding out the consent of the host state.

The most common protections that are provided under most investment treaties are:

  • Protection against expropriation/misappropriation.
  • Fair and equitable treatment of investors (FET);
  • National treatment.
  • Most-favored-nation treatment (MFN);
  • Freedom to transfer funds; and
  • Full protection and security

At Cueto Law Group, our attorneys recognize the complexity of Arbitral Jurisdiction. Our Attorneys have experience in finding the proper Jurisdiction to initiate an arbitral proceeding and get the best result for our clients.

ABOUT SANTIAGO A. CUETO
Editor
Board Certified International Law Expert and Founding partner Santiago A. Cueto focuses his practice on international business law with an emphasis on international business litigation, arbitration and transactions. His practice is based in Miami, Florida. Read More
  • Email
  • LinkedIn
  • Twitter

Have a Legal Question? Just Ask!

    Your Name (required)

    Your Email (required)

    Your Message

    International Arbitrators
    4000 Ponce de Leon Boulevard, Suite 470
    Coral Gables FL 33146
    T: 305.777.0377
    F: 305.777.0397
    sc@cuetolawgroup.com
    • International Business Law Advisor
    • Brazil Law Advisor
    • Miami Law Advisor
    • Switzerland Law Advisor
    • Singapore Law Advisor
    • Japan Law Advisor
    • European Union Law Advisor
    • United Kingdom Law Advisor
    CONTACT US  

    Copyright © 2023 · International Arbitrators All Rights Reserved. · Website Design by Rigette Osoteo