International Journal of Law, Policy and Social Review
2019, Vol. 1, Issue 3
Dispute settlement clauses in Argentinian PPP contracts and their interaction with the dispute settlement articles included in Bilateral Investment Treaties signed by Argentina. The “fork on the road” clause.
Olivera Pino Juan Ignacio
The following lines will try to explain, in first place, how the Argentine Republic is implementing the Public-private partnership contract scheme to develop infrastructure, and which is the dispute settlement system provided in the legislation as well as in the first Argentine’s PPP experience. Also, to briefly assay to what extent a contractor company and its shareholders can claim as investors in order to find jurisdiction before the ICSID tribunals. Finally, how the government have drafted the dispute settlement clauses in the PPP contracts, regarding BITs signed by Argentine, by including a “fork on the road” clause.