Paper's abstract

Philippe Bordachar, Predictive Justice and International Arbitration for Foreign Investment
A first approach would bring together predictive justice and international investment law under the same banner, the latter tending to provide the foreign investor with a stable legal framework, where the country hosting the investment has a potentially unpredictable behavior. However, transforming arbitration decisions to open data, in the broad sense, is a process far from complete because the confidentiality of the deliberations remains, which inevitably truncates the sample of data exploited by predictive justice tools. It is even more true because arbitration dealing with foreign investments is a complex litigation characterized by an immense multiplicity of facts and applicable rules of law, thus making infinitely variable combinations of data and, consequently, more unstable predictions. However, these observations will not exempt us from issuing some recommendations in the event that our own prediction on predictive justice and international arbitration dealing with foreign investments is, in the years to come, foiled.

Key Words : arbitration investments transparency
t. 60, 2018: p. 199-215

---