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The decline, political or otherwise, of investment arbitration has caused an explosion in the use of international commercial arbitration to resolve investment disputes. States and State entities, however, have always had confidence in the international commercial arbitration system. The statistics and works of the ICC International Court of Arbitration support this proposition. It is, as a result, timely and relevant to examine anew the theoretical and practical aspects of this classical type of arbitration when used by private parties, on the one hand, and States and State entities, on the other. In particular, (i) notions such as subjective arbitrability, the prohibition to rely on the State’s internal law to escape the effects of an international commercial arbitration agreement, the applicable law to State contracts, and (ii) practical issues such as the drafting of the arbitration agreement, the formation of the tribunal, the transparency of the proceedings, and the enforcement of the award in those cases, among many other notions and practical questions, should be reassessed.
This intensive course is taught in the academic year 2024-2025.
