International Arbitration AlertExecutive Summary
President Petro has signaled his intent for Colombia to “withdraw from the international investment arbitration system because the courts end up resolving disputes in favor of private entities.” The statement is politically significant but has no legal effect.
The premise that ISDS tribunals favor private parties is not borne out by Colombia’s own recent record, which includes claimant defeats in Red Eagle v Colombia,1 Seda & ors v Colombia,2 ...
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