Sociedad, sociedad civil y participación ciudadana

The dual role played by the state in investment agreements, as well as during arbitration procedures, can continually challenge investors who have decided to initiate proceedings against a State based on treaty obligations. According to state supremacy, the state rests upon a higher level when in any procedure, higher than that of private parties, whether being a national or a foreigner, and frequently, the State adopts basic reactions to possible challenges of the investors who have decided to initiate international arbitration.   In this study, the author will investigate those challenges presented to the parties during the proceedings and the ways in which the courts have dealt with the principle of equality of arms to level the parties.