Journal of International Arbitration

Volume 30 (2013)

Volume 30 (2013) / Issue 2

Felipe Suescun de Roa, 'Investor-State Arbitration in Sovereign Debt Restructuring: The Role of Holdouts' (2013) 30 Journal of International Arbitration, Issue 2, pp. 131–154

Abstract

Abaclat and others v. Argentina is the first investor-state arbitration case that deals with holdouts. International arbitration, compared to litigation, gives holdouts a more efficient way to enforce a final and binding decision as well as to attach and execute against sovereign assets. However, the jurisdiction of investor-state arbitration tribunals over holdout claims is a complex matter, since the claims have to be treaty claims, and they have to be legal disputes related to an investment. The fact that investor-state arbitration tribunals assess jurisdiction over these kinds of disputes may have a positive impact on the restructuring process and the sovereign debt markets. Nevertheless, holdout arbitration may also disrupt the restructuring process. In order to avoid such a problem, arbitration tribunals should limit the scope of the arbitration remedy.

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ISSN: 0255-8106
ID: JOIA2013010