Les restrictions au domaine de l’arbitrage relatives au contrôle de l’etat : question de souveraineté ou d’abus ?

Abstract

The opening of the national markets generated a diversification of the investment whose Provence is exogenic. In other words, by opening the borders, the reception States receive on the other hand of the foreign funds, services and of the citizens who must respect the sovereignty of the State of reception to manage their territory. In this context, the arbitration played a significant role in the economic activity, to ensure that the referees activity does not affect the rule of law, or the fundamental values of society. The host state oversees the application of the arbitration field by limiting its ruler ship through the State's sovereignty.