The famous case Neer v. United Mexican States set a standard of treatment with respect to denial of justice, fair and equitable treatment and the minimum standard of treatment in international law, which is still relevant and largely applied and relied upon today in investment arbitrations. This decision was rendered on 15 October 1926 by […]
Arbitration in the United States
Arbitration in the United States is well developed. The reason is simple. A large number of corporations involved in international arbitration are US companies. Although some criticisms have been made regarding the US legal system, such as with respect to its jury trials, or concerning punitive damages, and arbitration agreements were unenforceable under US law […]
Inter-American Convention on International Commercial Arbitration (The Panama Convention)
The 1975 Inter-American Convention on International Commercial Arbitration, also known as the “Panama Convention“, is a significant multilateral agreement of which not all in the arbitration community are aware. The Convention was open to signature by all 35 Members of the Organization of American States (OAS) and entered into force on 16 June 1976. This […]
The Arbitrator’s Duty to Disclose in International Arbitration
The arbitrator’s duty to disclose potential conflicts of interest depends on the applicable law. The arbitrator, in France, is bound by a duty of sincerity towards the parties that can be seen on two levels, in a chronological manner. First, he must reveal all and any potential conflict of interests before accepting his or her […]
Third Party Funding Is Being Regulated
For the first time an International Investment Agreement (IIA) is about to include an express reference to third party funding. The draft Free-Trade Agreement (FTA) between the European Union (EU) and Vietnam is paving the way for regulating third party funding in treaties. This regulation effort occurs in a context of booming of third party funding […]