Legal Privilege and International Arbitration Issue

Consider a US company in a cross-border dispute with a French company, for example, having possibly different privilege rules and in a dispute seated, say, in London. A conflict of privilege rules should lead to a most favored nation approach so as to treat both parties on equal footing, in the absence of Institutional rules on this subject.

It’s likely the Institutions should deal with this issue to simplify the process.

– Posted first on LinkedIn 20th June 2017

ECJ Decision Singapore/EU Trade Deal

The ECJ decision on Tuesday on the Singapore/EU trade deal that each member of the bloc, and their appropriate parliaments, must sign off on two aspects of the deal including the investor dispute settlement mechanism, complicates investment arbitration in EU deals and perhaps, more important, the entire Brexit process and future trade deals with the UK and the bloc.

– Posted first on LinkedIn 12th June 2017