Dispute Settlement by International Arbitration on the basic of Bilateral Investment Treaties

Abstract

The treaty-based arbitration has experienced a significant increase in the past few years. The Bilateral Investment Treaties (BITs) provide an international arbitration as a neutral furum of dispute settlement. The existence of such provision in BITs ensures a foreign investor by enabling him to have direct access to a neutral forum of disputes resolution that could arise between him and a host state. Im an absence of any contractuel commitments with a host state, the investor, as a victime of acts of deprivation of wealth by the host state may sollicite an international arbitrator on the basis of BITs, althrough not being a suject of international law. This dispute resolution, provided in BITs, could be divided in two differnt types ; Interstate Dispute Settlement and Investor-State Dispute Settlememt. By analyzing a number of BITs, this article attempts to describe how the BITs refer to an international arbitration and at the same time, mentions the procedure of dispute settlement by international arbitration specified in BITs including and arbitration under the International Centre for Settlement of Investment Disputes (ICSID) or under others rules.