Bias, Conflicts of interest, Guerrilla Tactics, IBA Guidelines on Conflicts of Interest, Third party funding

(Stockholm University)/ /Leave a comment

Some rules, although made to protect the integrity of an arbitration procedure, open up opportunities for bad faith actors to utilize “legislative” shortcomings. Too often these actors engage in guerilla tactics. Soft law has developed to remedy these grievances. For example, the IBA Guidelines on Conflicts of Interest in International Arbitration (IBA Guidelines) seek to…

Arbitration, Execution, ISDS, State Immunity

(Durham Law School), (Roschier Attorneys, Ltd.), and (Stockholm University)/ /Leave a comment

Introduction This short note briefly touches upon two enforcement issues pertaining to third-party funding in international arbitration, one more ventilated than the other. It is hoped that our comments on these issues will be perceived as an insightful contribution to an already ignited debate, with the caveat that we provide for a discussion rather than…