In the 1990’s, in order to attract foreign direct investment, Argentina entered into several Bilateral Investment Treaties (BITs) with developed and developing countries.
Argentina has ratified several bilateral investment treaties, including treaties with USA, Canada, United Kingdom, Germany, Switzerland, France, Poland, Sweden, Spain, Italy, Luxembourg and Belgium. It has also ratified the Convention on International Arbitration and the Convention on the Settlement of Investment Disputes between States and Nationals of Others States.
Through BITs, foreign investment is protected against discriminatory treatment. As a result of measures taken by the Argentine Government during the 2001-2002 crisis, various foreign companies that had economic interests in the Republic of Argentina filed complaints against Argentina alleging violations of applicable BITs. Those claims, some of which are still being pursued according to ICSID and UNCITRAL arbitration procedures, have made Argentina the most named defendant in this type of litigation under BITs.