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 […]
New Center For International Commercial Arbitrations In Atlanta
As first reported by the Global Arbitration Review, a new center for international commercial arbitrations is opening in Atlanta, to rival those already present in Miami and New York in the United States, along with the AAA’s ICDR for international disputes, JAMS, and other arbitral institutions. Atlanta is, in theory, a good choice for international arbitrations, since […]
Does A Lawyer’s Right To Lie In Certain Jurisdictions Give An Unfair Advantage In International Arbitration?
Does A Lawyer’s Right To Lie In Certain Jurisdictions Give An Unfair Advantage In International Arbitration? While the impact of different legal cultures on international arbitration is a topic that is frequently explored, since it impacts such issues as discovery, the scope of the written procedure and the scope of the oral proceedings, one basic […]
Grounds For Resisting The Recognition And Enforcement Of Arbitration Awards
Grounds For Resisting The Recognition And Enforcement Of Arbitration Awards Under The New York Convention. The grounds for resisting the recognition and enforcement of arbitration awards under the New York Convention are often poorly explained. The New York Convention, which governs the recognition of foreign arbitration awards in 150 countries, imposes a mandatory rule that […]