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Themes

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The aim of the panel is to identify, if any, an “arbitral legal order”. This may be done by presenting different kinds of arbitration (commercial, investment, sport, etc.), that have nothing in common but being arbitration and therefore depending on the parties’ consent. Possible topics could include: the jurisdiction and admissibility of claims, ethics in international arbitration, public policy issues, etc.

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The aim of the panel is to assess the efficiency of arbitration as a dispute resolution mechanism, considering the specificities of arbitration. The importance of consent and the fact that arbitral tribunal may need the support of a domestic courts to ensure the effectiveness of their decisions are features that could be considered as weaknesses of international arbitration. Furthermore, some recent cases have shed light on some potential questionable abusive uses of arbitration, such as the Tapie case in France or the Philip Morris cases in international investment law. Assessing the efficiency of arbitration may then be a way of showing that this kind of justice may be not better than another, but that it is not worse either.

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The aim of the panel is to examine international arbitration in banking matters.  It will explore the unique and evolving ways that the financial sector is using international arbitration.  The changing nature of financial disputes that have arisen as a result of the global financial crisis have led financial institutions to view international arbitration as an important alternative to arbitration. Banks or funds (equity, investment or sovereign wealth) use arbitration in an array of matters, including derivatives, sovereign lending, regulatory matters, etc.

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For detailed information on each theme, please select

the Programme and Speakers pages from the menu above.

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International Arbitral Legal Order

Efficiency in Dispute Resolution

International Arbitration, Mediation & Financial Institutions

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