The spread of COVID-19, also known as coronavirus, which was declared a global pandemic by the World Health Organization on 11 March 2020, has had a significant, in some cases disastrous, impact on virtually all areas of business globally. The construction industry is no exception. With a number of countries declaring a state of emergency […]
Arbitration in France: 2020
William Kirtley and Zuzana Vysudilova of Aceris Law have published the 2020 Lexology: Getting the Deal Through Arbitration guide to Arbitration in France for 2020. The guide discusses recent French jurisprudence concerning arbitration, as well as issues that are frequently encountered, and may be downloaded here. France William Kirtley and Zuzana Vysudilova Aceris Law LLC […]
COVID-19, Force Majeure and Arbitration
It seems certain that businesses will be preoccupied by COVID-19, force majeure and arbitration (or litigation) over the coming year. The present ability of businesses to fulfill their contractual obligations has been significantly impacted by the rapid spread of the new coronavirus, so-called COVID-19, which was officially declared a pandemic by the World Health Organization […]
Confidentiality in International Arbitration: Obligations Under English, French and U.S. Laws
Confidentiality is often regarded as one of the core advantages of international arbitration. For instance, confidentiality reduces disclosure of sensitive information and the influence of public opinion.[1] Confidentiality is to be distinguished from privacy, which concerns the fact that only parties to the arbitration agreement may attend hearings and participate in arbitral proceedings.[2] Privacy prevents interference from […]
International Arbitration Agreements and Kompetenz-Kompetenz: A Comparative Perspective Between USA and France
The Kompetenz-Kompetenz doctrine presumes that an international arbitral tribunal has jurisdiction to assess and decide its own jurisdiction. Legal systems adopt different approaches to the Kompetenz-Kompetenz principle. National arbitration legislation varies regarding the versions of the Kompetenz-Kompetenz principle adopted.[1] The principle involves two types of effects. The positive effect of Kompetenz-Kompetenz is that the arbitral […]