This is a legal dispute capable of being submitted to ICSID adjudication. (U2 471, #22).
- International arbitration provides significant protection and incentives for foreign investors as compared to national courts.
- Therefore, the provision in the US-Argentina BIT is more favorable than that in the US-Spain BIT.
- Accordingly, the plaintiff is entitled to dispute settlement provisions of US-Argentina BIT. (U 477, # 31)
- Plaintiff has standing to bring claim pursuant to ICSID rules and Spain-Argentinean BIT. (U 479, #35).