Overview

Submitting administrative disputes in the field of investment to arbitration remains an extremely sensitive issue today and faces significant resistance. Why, then, should we remain immune to this form of private justice, which is strongly sought after by investors wishing to develop partnerships with the public sector? The subject remains controversial; the shift in government activities toward increasing involvement in the business world has placed the issue on a new footing. Are public policy and the public interest sufficient grounds to justify a ban on arbitration in the public sector? Are they merely legal pretexts masking the true concerns of states? How can we explain the government's withdrawal from an arbitration agreement it signed voluntarily, under the pretext of a violation of public policy or for reasons of the public interest? Is this bad faith on the part of the government?

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