Session Two: The "fork in the road" Revisited
Article from: TDM 4 (2005), in BIICL Investment Treaty Forum Conference
Introduction
In this field one is often faced with the best direction to take where there is a dispute. There is often an overlap between the route of the commercial contract, the agreed route, the route that is being provided for in the underlying commercial contract where there has been a choice of venue and form of arbitration, or some other choice of a national court, or whether the dispute should be brought under one of the treaties. The treaties recognise this and I would just like for this purpose just to talk you very briefly and quickly through a typical type of example of a treaty. ...