A importância da arbitragem internacional de investimento para o equilíbrio da relação entre o Estado hospedeiro e o investidor estrangeiro na indústria do petróleo

Abstract

Initially, this paper seeks to bring an overview of the relationship between the host State and the foreign investor. Therefore, there is a brief study on State sovereignty over natural resources, emphasizing, among other aspects, the importance of this issue for the development of peoples, and on contracting with the State in order to highlight, among the main clauses in the contracts between the host State and the foreign investor, the clause of international investment arbitration as a major means of balancing this relationship. It is analyzed, thereafter, the structure of international investment arbitration, seeking to bring their principal rules. The paper culminates in a brief study of some of the major arbitral awards involving not only the topics covered throughout the paper, but also the relationship between the State and oil companies, emphasing the role of international arbitration of investment in the oil industry, given that this is an essentially international industry and of great strategic importance to the State.