Introduction

The topic of this first panel is the relationship between local remedies and international remedies and I think we are in for a treat in hearing from these two speakers. One of the interesting questions concerning this topic is why are we talking about it at all? Didn't the right of direct arbitration contemplated by investment treaties put to rest the question of exhaustion of local remedies? Or is it the case that the current debate about forum selection clauses and their impact on the jurisdiction of tribunals in effect resurrects the exhaustion role in a different name and ...