Introduction

Much of what you have heard thus far has been about what I would call the "election of forum" approach to "fork in the road" as was quoted by Peter Turner from the Argentine-US BIT and as existed in bilateral investment treaties for many years in the United States, there was a choice - that choice was between courts of administrative tribunals of the Party or any applicable previously agreed dispute resolution process on the one hand, and investment treaty arbitration. That choice was made at the time when the first of those proceedings was initiated and it was a binding ...