The Chair of the Inter-American Juridical Committee (CJI), Dr.
José Moreno, recently conducted a series of lectures to highlight the CJI’s
Guide on the Applicable Law to International Investment Arbitration. These
interactive sessions were held on April 19 at the Universidad de Chile in
Santiago, June 22 at the Georgetown University Law Center in Washington
D.C., June 27 at Mexico City´s Tecnológico de Monterrey, and June 29 at Panama´s
Comisión de Mediación y Arbitraje, with similar events scheduled to be held in
Rio de Janeiro, Brazil and Bogotá, Colombia.
Before a diverse audience of law students, professors, practitioners and
officials from domestic bar associations, foreign and trade ministries and
international organizations, Dr. Moreno, who also serves as CJI rapporteur for
this topic, has reflected on how despite being one of the oldest fields within
international law, foreign investment has remained remarkably underdeveloped for
most of for most of its history. He has also noted how, while international
investment arbitration has experienced considerable development within public
international law, its relationship with private international law (including
private law in general) has received relatively little consideration.
Dr. Moreno, aware that arbitrators typically concentrate more on resolving the
dispute than on the shape and direction of foreign investment legal matters,
which often leads to inconsistent awards, has attributed this disparity partly
to the lack of a corpus addressing substantial legal issues within international
investment.
To this end, this Guide - currently in draft form and soon to be finalized by
CJI- aims to contribute to build the interdisciplinary dialogue needed to
address the evolution that has been occurring in the fields of public
international law, private international law and international arbitration, as
well as their impact on foreign investment claims.
» To visit the CJI webpage,
click here
»
To visit the webpage of the Department of International Law,
click here
