Event 16 Mar. 2023

Curtis Hosts International Arbitration Events at Paris Arbitration Week 2023

“Affaires d’États: Abusive Claims Against States and How to Fight Them”

Curtis invites you to join us for a Zoom webinar entitled “Affaires d’Etats: Abusive Claims Against States and How to Fight Them” taking place on March 27 at 3:00pm CET (9:00am EDT) as part of Paris Arbitration Week 2023.

Click here to register.

The session will feature Curtis partner Marie-Claire Argac, Professor Wolfgang Alschner of the University of Ottawa, Miriama Kiselyová of the Permanent Representation of the Slovak Republic to the EU and Suzy Nikièma of the International Institute for Sustainable Development (IISD). Curtis partner Simon Batifort will moderate the event.

Session description: The last decade has seen an increase in the number of abusive claims against States in international arbitration. From corporate restructuring designed to gain access to arbitration to presenting extravagant damage claims to pressure States into undue settlements or as part of an “anchoring” strategy, claimants and their funders frequently drag States through lengthy and costly proceedings over exaggerated and even frivolous claims. ICSID and other arbitral institutions have introduced mechanisms to weed out frivolous claims, and UNCITRAL Working Group III is considering reform options to curb abusive practices. In this roundtable, experienced practitioners, state officials, and policy experts will provide their unique insights on this controversial issue, addressing several questions, including the efficacy of existing mechanisms, other tools that are available to fight abusive claims or how such behavior can be deterred?

“Sanctions at the Heart of Arbitration Disputes – the Complex Interplay between EU Law and Arbitration”

Curtis invites you to join us for a Zoom webinar entitled “Sanctions at the Heart of Arbitration Disputes – the Complex Interplay between EU Law and Arbitration”: taking place on March 29 at 3:00pm CET (9:00am EDT) as part of Paris Arbitration Week 2023.

Click here to register.

The session will feature Curtis partners Sebastiano Nessi and Elena Klonitskaya, Nicolaj Kuplewatzky, Référendaire of the Court of Justice of the European Union, Dr Konstantina Georgaki, Policy Officer (Capital movements) of the European Commission. Curtis partner Geoffroy Lyonnet will moderate the event, and Curtis Associate Valeriya Grebenkova will moderate the Zoom Q&A chat.

Session description: International trade restrictions and economic sanctions have probably become the most discussed topic of 2022, as they give rise to a plethora of legal and practical issues the arbitration community is yet to grapple with. It is yet to be seen how arbitral tribunals involved in hearing disputes with a sanctions element will deal with the sanctions regulations themselves. The interaction between the universe of sanctions and arbitration remains unclear to say the least. Sanctions are adopted at the European Union level and, as such, form part of EU law. In that context, speakers will address the following questions: what would be the implications for arbitral tribunals if, for instance, the parties to a dispute disagree on the interpretation and scope of sanctions which find themselves at the heart of a dispute? Do arbitral tribunals have the authority to assess and decide on such issues? Are preliminary rulings on such matters warranted from the Court of Justice of the European Union? And what sort of enforcement hurdles would parties be facing in that context and how could these be mitigated?

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