Page 8 - ENGLISH MONTT GROUP, MAYO 2024

MONTT GROUP MAGAZINE - 2024
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starting arbitration against the countries of the Region. The current situation is the following: Colombia received two new notifications in 2023, which now totals 15 against and 12 notifications in the pre-arbitration stage. Chile, which has generally stayed out of this situation, last year received several reports of five conflicts in the pre-arbitration stage, with two lawsuits pending ruling.
The two cases in Chile, unresolved before the International Center for Settlement of Investment Disputes (ICSID), relate to companies from Colombia and France. The first case corresponds to Electrical Interconnection (InterChile and ISA), whose award was issued on May 17, 2021. The controversy is linked to the dispute over the Cardones-Polpaico transmission project. The plaintiff firm appeals to the Investment Protection chapter of the Free Trade Agreement (FTA) between Chile and Colombia and demands an amount of US$ 200 million.
The other procedure before the Icsid was the one presented by the French ADP International and Vinci Airports on August 13, 2021. They appeal to the Investment Promotion and Protection Agreement (APPI) between Chile and France, for the damages they allege due to the granting of the Arturo Merino Benítez Airport and covid-19 restriction policies. According to the Budget
Directorate, the companies have not quantified the possible damages, but “they did indicate having invested more than US$ 455 million in the concession.”
Experts say that what will be relevant will be the measures adopted by Chile regarding natural resources. The recent National Strategy for Lithium is mobilizing the companies involved in the exploitation of this mineral and reaching arbitration is not ruled out.
With the European Union there is another focus, an advanced framework agreement that seeks to replace 15 bilateral investment protection agreements and create a permanent court to replace arbitration.
Regarding Peru, this country was notified of two new arbitrations in 2023, bringing the total to 25 pending cases. Mexico, for its part, corresponds to the nation that received the highest number of lawsuits last year, 10 new cases, completing 18 processes before theUcsid.
Source: Transnational Institute
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