PPP arbitration
Most infrastructure disputes arise from public-private partnerships and long-term concession contracts. When host states terminate, modify, or fail to perform under these contracts, foreign investors typically pursue treaty arbitration alongside or instead of contractual remedies.
Water disputes
Water and wastewater concessions have produced disproportionately high-profile cases: Aguas del Tunari v. Bolivia, Vivendi v. Argentina, Suez v. Argentina. These cases sit at the intersection of investment protection and fundamental public-interest concerns over water access and affordability.
Umbrella clauses
Where the relevant treaty contains an umbrella clause, contractual breaches can be elevated to treaty breaches. Tribunals have applied this elevating effect variably; the scope of umbrella clauses remains contested.
Substantive analysis
Infrastructure claims combine expropriation, FET, and (where applicable) umbrella clause analyses. The fact-intensive nature of concession performance disputes makes documentary discovery and expert evidence particularly central.
Where to watch
Latin America (Peru, Colombia, Argentina) and Southeast Asia continue to generate infrastructure disputes, particularly in toll-roads, ports, and airports.