L’expérience latino-américaine en matière d’arbitrage international d’investissement

The experience of Latin American countries in international investment arbitration has been both challenging and full of twists and turns. The Latin American region has not only been at the origin of the discipline, but also at the heart of the criticisms and upheavals that affect it. While denunciations of arbitration have come from all over the world, they have had a particular resonance in the region, due to the traditionally hostile attitude of the region's countries to investment arbitration. This article proposes to revisit the mosaic of resistance that has given rise to an alternative counter-hegemonic project in the region. It concludes that the resistance movements in Latin America against investment arbitration have not enjoyed clear majority support and that several countries have adopted an ambiguous position towards these movements. In the absence of a coherent regional solution, the alternative proposals supported by Latin American states are both multiple and scattered and are mostly far from the radical approach put forward by the ALBA-TCP.