Number of Claims by Treaty Obligation

LAC states agree to a number of provisions in IIA that contain rules on the treatment to be given to foreign investors. Below are the ten obligations that investors most frequently invoke in their disputes with countries in the region

Number Claims by Obligations per Country

Fair and equitable treatment (FET), full protection and security (FPS), direct and indirect expropriation, and the umbrella clause (used to elevate a breach of contract to the level of a treaty claim) are the most well-known provisions found in IIAs. Claims of breach to FET and indirect expropriation often go hand in hand, but that is not always the case. Many states have not agreed to umbrella clauses in their treaties, and direct expropriations tend to be uncommon, but trends differ from country to country. The table below highlights these trends in LAC states.