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International Arbitration: French Court Of Cassation Clarifies Its Approach To Dual Nationals In ISDS Through Two Significant Decisions On Treaty Interpretation
The French Court of Cassation has issued two landmark decisions addressing whether dual nationals can bring investment treaty arbitration claims against a state of which they hold nationality. These May 2026 rulings establish critical precedents for treaty interpretation under the Vienna Convention, particularly regarding the role of subsequent diplomatic agreements and the primacy of treaty text over general international law principles.
Akin Gump Strauss Hauer & Feld LLP
