Paris

PUBLICATIONS
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Paris Arbitration Week

20 - 24 September 2021

Laborde Law is an official partner of Paris Arbitration Week. We invite you to our virtual events scheduled for 20 & 22 September 2021

Details about our events and registration are available below. Join us! 

For any inquiries, email Ms Niyati Asthana at Niyati.Asthana@laborde-law.com

The Future of  Arbitration

The Future of Investment Arbitration

Monday, 20 September 2021
14 h – 15 h 30 (Paris time, GMT +2)

This panel will debate the future of investment arbitrations. Does investment arbitration work well? Should the system change? If so, how? Should any changes be gradual or systemic? What are the trends? What is the status of the work of UNCITRAL Working Group III? Should a Multilateral Investment Court be created? In a nutshell, what does the future of investment arbitration look like?

 

Speakers: ​

  • Constantine Partasides QC, Three Crowns 

  • Prof. Catherine Rogers, Queen Mary University of London & Bocconi University

  • Michele Potestà, Lévy Kaufmann-Kohler

 

Moderator:


Gustavo Laborde, Laborde Law

Unconscious Bias Induced by Party Appointment: An Arbitral Game-Changer?

Monday, 20 September 2021
16 h – 17 h 30 (Paris time, GMT +2)

Impartiality and independence are the essential pillars of international arbitration. Recent research shows that even the most dutiful party-appointed arbitrators may be prone to unconscious bias. In a recent decision, the ICC Court disqualified a high-profile arbitrator by reason of “unconscious bias”. Is unconscious bias an arbitral game-changer? How, if at all, does this affect our view of international arbitration as a neutral means to settle disputes? What effect, if any, does it—or should it—have on the future of international arbitration?

 

Speakers: ​

 

  • Hon. Charles Brower, Twenty Essex Street Chambers 

  • Noah Rubins QC, Freshfields 

  • Prof. Sergio Puig, University of Arizona 

  • Noradèle Radjai, Lalive 

 

Moderator:

 

Gustavo Laborde, Laborde Law 

Back to the Future of  Arbitration

Paris's Enduring Status as Arbitration Mecca

Wednesday, 22 September 2021
15 h – 16 h 30 (Paris time, GMT +2)

Paris is, and has long been, a preeminent legal seat for international arbitration. How did this tradition come about? What makes Paris such an enduringly popular arbitral seat? Did the high-profile affaire Tapie have an impact on its reputation? How has the recently inaugurated International Chamber of the Paris Court of Appeals fared? What are the recent trends of French court decisions concerning international arbitration? How could Paris become an even better seat? What other seats are its main competitors? What does the future hold in store for Paris as an arbitral seat?

 

Speakers: ​

 

  • Nadia Darwazeh, Clyde & Co

  • Michael Polkinghorne, White & Case 

  • Marc Henry, FTMS Avocats 

  • Gisèle Stephens-Chu, Stephens Chu Dispute Resolution

 

Moderator:

 

Gustavo Laborde, Laborde Law 

The Users’ Perspective

Wednesday, 22 September 2021

17 h – 18 h 30 (Paris time, GMT +2)

International arbitration is a service at the end of the day. The views of users are, ultimately, what matter most. What do users think of international arbitration? Does international arbitration meet their expectations? Or does it fall short? How should the system evolve or improve? What do they expect from the work of UNCITRAL Working Group III? What do they think of party-appointed arbitrators? In-depth interview with leading users— State officials, an in-house counsel and a former lead treaty negotiator for the US government.

Speakers: ​

 

  • Shane Spelliscy, UNCITRAL Working Group III Chair

  • Ana María Ordoñez Puentes, Directora Dirección de Defensa Jurídica Internacional, Colombia

  • Lauren Mandell, WilmerHale 

  • Young Shin Um, International Dispute Settlement Division, Ministry of Justice, South Korea

  • Tom Sikora, ExxonMobil

 

 Moderator:


Gustavo Laborde, Laborde Law

PUBLICATIONS

Awards Masking Corruption

Gustavo Laborde

CEA journal of IA, June 2021

International arbitration is routinely—and rightly—celebrated for two of its best-known attributes—the autonomy of the parties and its flexibility. Yet these same attributes also leave it open to abuse: parties can use it as a surreptitious vehicle to “launder” and legally enforce corrupt deals. In only 18 months, the Paris Court of Appeal, one of the most arbitration-friendly jurisdictions in the world, set aside and refused exequatur of three international arbitration awards from prominent tribunals, in all instances by virtue of corruption and bribery of foreign public officials in deals worth hundreds of millions of euros. To do so, it examined in detail all evidence shedding light on the question of corruption and bribery, even ordering the production of new evidence. By contrast, confronted with the same scenario, the Swiss Supreme Court and the English High Court let the award be enforced. Did the French court go too far? Or did the Swiss and English courts not go far enough? This essay looks at the judgments of the Paris Court of Appeal and then examines these questions.

Climate Change Paradox

Gustavo Laborde

Who's Who Article

 Imagine this situation. You are waiting to be interviewed by two senior lawyers from a major city law firm. This may well be it. The career breakthrough you have been waiting for. After years of diligent legal training and professional experience, publishing articles, building a network, and speaking at conferences, you are well on track to securing this highly coveted legal job.

The interview starts. The senior lawyers ask open-ended questions about your background. The atmosphere is congenial, even jovial at times. Then they zero in on some legal views you have expressed in the past. The questions become more specific. They test your knowledge of arbitration law and procedure. The tone remains cordial. After some back and forth, the senior lawyers look at each other, excuse themselves and withdraw from the room…

17th ICC Miami Conference

Gustavo Laborde

ICC Article (2020 Issue No 2) .pdf

ICC’s annual Miami conference provides an indispensable update on developments in the region and is the most important gathering for the Latin American arbitration community, attended by over 600 participants representing around 40 countries. The following reports cover the ICC Institute Advanced Level Training Programme and reports of the wide range of panel discussions on latest developments in international arbitration and Latin America. 

Parallel Proceedings in Investment Arbitration

Salim Moollan QC Gustavo Laborde

International Arbitration And The Rule Of Law Essays In Honour Of Fali Nariman

This essay explores the unresolved question of parallel proceedings in investment treaty arbitration. This question brings into focus one of the ongoing ‘fault lines’ with the current system for the settlement of investment treaty disputes. It raises theoretical questions of consent and (in recent jurisprudence) good faith, but also nuts-and-bolts practical questions about how to grapple procedurally with parallel proceedings.