In this 7th edition of the Doctoral Seminars, the CIDS has been pleased to welcome two speakers:
Florence addressed the question of who decides whether a valid and enforceable arbitration agreement exists and on the basis of which law. Indeed, parties can challenge the validity of the arbitration agreement before courts of various jurisdictions throughout the life-cycle of an arbitration. The interplay of courts seized in different jurisdictions and the arbitral tribunal create an uncertainty that, in Florence's view, needs to be addressed. Her research aims at tacklers such uncertainty by comparing different practices and identifying the specific legal questions that would need to be more systematically addressed.
In the second part of the seminar, Alexandre tackled three issues that he believes illustrate the tensions raised by the presence of a Third-Party Funder during an arbitral procedure. The first refered to whether third-party funding would interfere with the obligation of confidentiality in international commercial arbitration. He then trun on investment arbitration and raise the question of whether the third-party funder would benefit from the protection of a BIT. He concluded his presentation sharing his thoughts about the risk of seeing arbitration financialized by third-party funding.
Both presentations gave rise to lively discussions. The speakers could also benefit from the learned views and advice of Professor Gabrielle Kaufmann-Kohler (University of Geneva) and Professor Peter Sester (University of St Gallen).
Wednesday, 28 February 2018