Where Are We Now? Investment Treaty Arbitration, Sovereign Debt, and Mass Claims in the Post-Abaclat Era

Transnational Dispute Management

Jennifer Permesly

In 2011, an ICSID tribunal accepted jurisdiction over Abaclat, a claim brought by 180,000 Italian bondholders against the Republic of Argentina alleging international law claims arising out of Argentina's sovereign debt default. Abaclat's settlement offers several lessons for addressing mass claims through investment treaty arbitration.