By Yasmine EDDAM
4 April 2025
Signing an arbitration agreement, whether as a discreet clause in a lengthy contract or as a dedicated agreement after a dispute has arisen, is far from a trivial act. This commitment profoundly alters the legal landscape for the parties and can even have repercussions for players who were not initially around the negotiating table. So what are the practical consequences of this choice for the private settlement of international disputes? How does the arbitration agreement interact with state courts? Can it be extended to third parties, and what happens when the State itself is a party to the contract? This article looks at the major effects of international arbitration agreements. The main effect: ousting the state courts The first, and undoubtedly most fundamental, effect of an arbitration agreement is to oblige the signatory parties to submit their dispute to an arbitral tribunal, and consequently to waive their...
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