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 […]
William Kirtley and Zuzana Vysudilova Publish 2019 Guide on French Arbitration
William Kirtley and Zuzana Vysudilova recently published a 2019 guide on French arbitration law. The guide on arbitration in France was published by Law Business Research 2019, in its Getting the Deal Through series, and it is available below. Many arbitrations have their seat in France, which has a modern arbitration law and is the […]