La nationalité de l'investisseur dans les arbitrages CIRDI
| Auteur | Legal News |
La Convention de Washington du 18 mars 1965, qui a mis en place le CIRDI (centre international pour le règlement des différends relatifs aux investissements), a organisé un arbitrage spécialisé pour les litiges survenant entre les Etats parties à la Convention et des investisseurs privés, ressortissant d'autres Etats contractant. Ce dispositif, souligne l'auteur, a ainsi promu l'investisseur "en tant qu'acteur direct du droit international" dès lors qu'il est ressortissant d'un Etat contractant.
La condition de nationalité peut alors poser problème, puisque "couramment prévus par les TBI (traités bilatéraux de protection et de promotion des investissements), elle ne coïncide pas toujours avec celle de la...
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