Many practitioners and arbitrators are unfamiliar with international arbitration in Africa and have very little actual experience with it. Yet, sub-Saharan Africa is one of the regions where the use of international arbitration to resolve international disputes is expanding the most swiftly in the world. This should come as no surprise, as the International Monetary […]
Argentina Will Withdraw from the ICSID Convention
Argentina has announced that it will withdraw from the ICSID Convention, following in the footsteps of other South American nations, such as Bolivia, Ecuador and Venezuela. The chief legal advisor to Argentine’s Treasury is leading this project, and he called ICSID “a tribunal of butchers” that always favors multinational companies. Argentina currently faces 43 claims, […]
The Impact of the 2012 International Chamber of Commerce (ICC) Rules on Multiparty and Multicontract Disputes
The maximum number of parties involved in an ICC arbitration is at least 141, which is the number of parties to an ICC arbitration initiated by 44 member firms of Arthur Andersen’s Business Unit against 97 members firms of Andersen’s Consultant Business Unit. There, the sole arbitrator ruled that he had jurisdiction over all 141 […]
Third-Party Funding Arrives in France
While third-party funding has become commonplace in the United States, Australia, UK and other common law countries, it has only now truly arrived in France. The first wholly French third-party funder, named Alter Litigation, was initiated only weeks ago and its website is available here. It’s founder, Frederic Pelouze, a former attorney, indicates that he […]
Publication of the First Article on Security for Costs and Third-Party Funding
William Kirtley and Koralie Wietrzykowski publish an article in the Journal of International Arbitration entitled “Should an Arbitral Tribunal Order Security for Costs When an Impecunious Claimant Is Relying upon Third-Party Funding?” This is the first article to examine in detail the important issue of whether security for costs should be systematically granted when a […]