ECUADOR REJOINS ICSID: IMPLICATIONS FOR INVESTORS21 Jul 2021 19:29
A Clear Message
The signing of the ICSID Convention does not guarantee a free flow of investment in the country, but it does represent an important step on the Government’s path to promote investment and free trade agreements.[9]
The signing of the ICSID Convention was welcomed by the ICSID Secretary-General Meg Kinnear who said that it confirmed Ecuador’s “commitment to strengthen its investment climate.” Precisely, as noted, by signing the Convention, Ecuador is delivering the clear message that the country will provide legal certainty and, as Secretary-General Meg Kinnear mentioned, access to an impartial dispute resolution mechanism which will reduce risk and give greater confidence to investors, thereby attracting crucial investment flow and generating more development opportunities for all.[10]
According to Barclays Investment Bank, a possible return of Ecuador to ICSID could attract higher capital inflow, which in turn could generate economic growth of three percent in 2022, when previously it had estimated growth of 1.5 percent.[11]
Moreover, Ecuador is taking other measures to regain investors’ confidence. For example, the Government is also evaluating free trade agreements with countries like Mexico, which have conditioned any possible agreement on Ecuador joining ICSID.[12] Also, President Lasso seeks to incorporate the country into the trade bloc of the Pacific Alliance formed by Chile, Colombia, Mexico and Peru.[13]
All of these efforts combined with Ecuador rejoining ICSID now seem to be especially relevant within the region, since neighboring countries Peru and Colombia, as well as Chile, are currently undergoing political crises or drastic public policy shifts. Ecuador has made it abundantly clear that its market-oriented policies, coupled with building a legal structure providing certainty to investors, are central to attracting development opportunities.
https://www.shearman.com/Perspectives/2021/07/Ecuador-Rejoins-ICSID-Implications-for-Investors