Simon Batifort, Marie-Claire Argac and Cyprien Mathié published an article on “2023 PAW Recap: Affaires d’Etats Vol. 2 – Abusive Claims Against States and How to Fight Them”

Following the seminar that Curtis hosted during Paris Arbitration Week 2023, partners Simon Batifort and Marie-Claire Argac, and associate Cyprien Mathié summarized key takeaways from the event in an article entitled “2023 PAW Recap: Affaires d’Etats Vol. 2 – Abusive Claims Against States and How to Fight Them” published on Kluwer Arbitration Blog.

The article starts with several types of claims that are found to be abusive, illustrated with examples. Then, it discusses the different problems that arise from abusive claims. The impact on developing countries is explained, followed by how claims without legal merit are difficult to identify. Finally, the article recalls the current solutions, such as the new provisions in recent IIAs, and potential preventive mechanisms that were discussed during the panel.

The full article is available at this link.