Shearman And Sterling

balance scale

February 06, 2003

“Vivendi” and Bilateral Investment Treaty Arbitration

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In matters relating to international investments, where a contractual agreement involving an international investment coexists with a Bilateral Investment Theory (BIT) entered into between the host state and the state of the nation making the investment, it is increasingly frequent that, confronted with prejudicial measures by the host state, the investor finds a cause of action in the contract and, separately, in the BIT.