“L’arbitrage sur le fondement des traités de protection des investissements”, Rev.arb., 2003.853.

International arbitration on the basis of bilateral investment treaties has experienced a significant increase in the past few years. Although this type of litigation has a pronounced collective nature, it relies essentially on the multiplication of procedural options available to the investor. The international legislator has created in this area a forum shopping in favorem that enhances the substantive protection afforded to the investor. The law resulting from the exercise of these options is characterized by the distinction between the contractual responsibility of the State party as such and the international responsibility of the host State, with the regime of the latter tending to disenfranchise itself from the constraints contained in the contract, as relates to both forum selection and governing clauses.

(In French)

IA_Arbitrage Investissements_040308_24