It seems certain that businesses will be preoccupied by COVID-19, force majeure and arbitration (or litigation) over the coming year. The present ability of businesses to fulfill their contractual obligations has been significantly impacted by the rapid spread of the new coronavirus, so-called COVID-19, which was officially declared a pandemic by the World Health Organization […]
Confidentiality in International Arbitration: Obligations Under English, French and U.S. Laws
Confidentiality is often regarded as one of the core advantages of international arbitration. For instance, confidentiality reduces disclosure of sensitive information and the influence of public opinion.[1] Confidentiality is to be distinguished from privacy, which concerns the fact that only parties to the arbitration agreement may attend hearings and participate in arbitral proceedings.[2] Privacy prevents interference from […]
International Arbitration Agreements and Kompetenz-Kompetenz: A Comparative Perspective Between USA and France
The Kompetenz-Kompetenz doctrine presumes that an international arbitral tribunal has jurisdiction to assess and decide its own jurisdiction. Legal systems adopt different approaches to the Kompetenz-Kompetenz principle. National arbitration legislation varies regarding the versions of the Kompetenz-Kompetenz principle adopted.[1] The principle involves two types of effects. The positive effect of Kompetenz-Kompetenz is that the arbitral […]
William Kirtley and Marina Sim Comment on Taxes and Investment Arbitration
William Kirtley and Marina Sim were interviewed by LexisNexis to discuss the judgment of the Paris Court of Appeal in Vincent J. Ryan, Schooner Capital LLC, and Atlantic Investment Partners LLC v Republic of Poland, and the claimants’ set-aside application and its implications for investment treaty arbitration (ITA) practitioners. The dispute concerned States’ authority to […]
William Kirtley and Christy Chidiac Comment on Setting Aside of Arbitral Award
In a recently-published article by LexisNexis, William Kirtley and Christy Chidiac provide analysis of the French Court of Cassation’s setting aside of the Paris Court of Appeal’s partial annulment of an arbitration award on jurisdiction rendered in Serafín García Armas and Karina García Gruber v The Bolivarian Republic of Venezuela (“Serafín“). A primary issue […]