Arbitration and Investment Protection within the Context of the Energy Reform in Mexico: A First Approach based on COMMISA v. PEMEX and KBR v. Mexico
Villanueva, Gabriel Cavazos
The energy reform in Mexico has implemented far-reaching changes in the political, economic, and legal spheres of the country. Any process whereby an industry is opened to private investment investment gives rise to the possibility of disputes that need to be settled within an environment of legal certainty. International arbitration in general, and investment arbitration in particular, are tools that serve both the investor and the state to properly resolve disputes that arise in the energy sector. However, the author argues that a balance must be sought between the legitimate interests and expectations of an investor and the public policy interests of the state, particularly whenever a sector as significant as energy is concerned.