Publications 05 May. 2022

Marie-Claire Argac, Simon Batifort, and Cyprien Mathié share highlights from “Affaires d’Etats: Practical Considerations When Defending States in International Arbitration” on Kluwer Arbitration Blog

Partners Marie-Claire Argac and Simon Batifort, and trainee Cyprien Mathié, recently published an article recapping key takeaways from Curtis’ Paris Arbitration Week webinar, “Affaires d’Etats: Practical Considerations When Defending States in International Arbitration,” which featured Jaroslav Kudrna, Claudia Salgado Levy and Jeremy Sharpe.

The article examines practical and procedural challenges that states face in ISDS proceedings. Specific issues include the lack of institutionalization in ISDS, difficulties states face in accessing documents and finding expert witnesses, and challenges associated with frivolous claims, information asymmetry , and limited preparation time.

Read the article on Kluwer Arbitration Blog by clicking here.

A recording of the webinar is available to watch here.