This essay discusses how the legal practice in international financial problems has slowly evolved towards a better recognition of international arbitration in the field of project financing. While it is useful to compare the different types of dispute resolution mechanisms that are to be considered by participants for the implementation of their contracts, it is this author's view that international arbitration is the most effective means of resolving international project finance transactions. Indeed, the assessment of the most effective forum cannot dismiss what this author considers as an essential feature of international project financing, i.e., its transactional unity. As a result, international arbitration is the most appropriate mechanism to deal with corollary specificities of international project financing, such as multi-party disputes. The business, and possibly, legal unity of international project finance transactions therefore determines the resolution of the disputes arising with respect to those transactions.
Dispute Resolution in International Project Finance Transactions,
24 Fordham Int'l L.J. 1064
Available at: http://ir.lawnet.fordham.edu/ilj/vol24/iss4/3