Arbitration

In today’s global economy, businesses increasingly operate across borders, entering into partnerships with counterparts on multiple continents and negotiating contracts governed by diverse legal systems. These global operations expose them to geopolitical, regulatory, and economic risks that are often difficult to predict.

When disputes arise, domestic courts rarely offer a satisfactory solution: proceedings are lengthy, cross-border service is complex, and the enforcement of judgments abroad remains uncertain.

In this context, international arbitration has emerged as a preferred method for resolving transnational commercial disputes.

2021 is already shaping up to be a year of new developments on such exciting topics as the principle of equality of the parties in the constitution of the arbitral tribunal and the arbitrators’ duty to disclose.

Indeed, in five rulings handed down between the end of December 2020 and mid-February 2021, the Paris Court of Appeals has ruled on the arbitrator’s duty to disclosure, either by reiterating conventional solutions or by adopting, in the case of the International Commercial Chamber of the Paris Court of Appeals, a more innovative approach.

The International Chamber of Commerce (the “ICC”) has unveiled a revised version of its Rules of Arbitration (the “Revised Rules”). This new version, which came into force on January 1, 2021, applies to arbitration proceedings initiated on or after that date, unless otherwise agreed by the Parties. Although it does not introduce major substantive changes, […]

While the Transatlantic Trade and Investment Partnership (“TTIP”, also known as the Trans-Atlantic Free Trade Agreement or “TAFTA” ) has been abandoned, the Court of Justice of the European Union (“CJEU”), in an opinion dated April 30, 2019, ruled on the compatibility with EU law of the mechanism for the settlement of disputes provided for under the Comprehensive Economic and Trade Agreement (“CETA”) entered into between Canada and the European Union .