The The Orientation of Bilateral Treaties in International Arbitration in the Light of Dispute Resolution

Abstract

International investment treaties are aimed at reliably protecting the economy through international arbitration as a dissuasive means that aims to resolve future differences as an impartial mechanism between the investor and the host State, equating inequalities in resolution. investment disputes.

The State is capable of attracting investments when it manifests its offer, which is reflected in its consent for a foreign company to invest in its territory, taking into account that the State must provide the corresponding guarantees through a prior commercial investment agreement. , where it is submitted to international arbitration when there is a dispute between parties; However, it is subscribed under an arbitration clause or arbitration clause so that in a controversial future international arbitration complies with the guidelines provided under the rules of the international treaty.

In an investment controversy, depending on the treaty where the Nation is signed; The differences will be resolved according to the circumstances pre-established in the commercial agreement contract, said controversy will be resolved using alternative methods of conflict resolution; Therefore, this type of provision is favorable to convincingly apply international arbitration, generating an expectation of impartiality, making investments viable.