INVESTMENT TREATY ARBITRATION: AN EFFECTIVE TOOL FOR THE ENFORCEMENT OF PRIVATE ARBITRATION AWARDS?

International tribunals, whose jurisdiction is based on international treaties that address issues relevant to cross-border investments (“Investment Treaties”), have recently dealt with investment arbitration crossing with international commercial arbitration (so-called cross-over arbitration). More precisely, the cases brought before the said investment tribunals concerned the assessment of whether the actions of national courts, which interfered with the recognition and/or enforcement of a commercial award, could constitute a breach of Investment Treaties. In fact, such treaties normally contain a set of provisions aimed at protecting foreign investments, including the right of the private investor to bring a claim before an arbitral tribunal against the State that hosted its investment and violated the standard of protections and other provisions set out in said instruments.