Introduction

I just want to speak about three items. One is jurisdiction. The second one is treaty claims and the merits, and then the main topic of today, local courts, and local arbitration and treaty arbitrations. On jurisdiction, it is very clear after Lanco that the choice of forum in a contract is not valid if there is a real treaty claim. A step further, in the Vivendi annulment decision, was to recognise that the tribunal is obliged, to avoid acting infra petita, to consider the treaty claims. They cannot just say well that's something mixed between contract and ...