Professor Philippe Fouchard was a passionate proponent of international arbitration who essentially advocated for a complementary relationship between international arbitral tribunals on the one hand, and state courts on the other. The rigour and originality of his thinking as reflected in his writings spanning 40 years beginning with the publication of his landmark thesis on International Commercial Arbitration, largely contributed to establishing Paris as the most attractive seat for international commercial arbitration worldwide.
With the exponential development of investment arbitration over recent years, the interplay between arbitral tribunals and national courts has become central in France, in particular because French courts may give the impression of exercising an increased scrutiny of investment arbitration awards.
Through a comprehensive review of relevant French case-law, this conference will explore whether Paris’ reputation as the most friendly seat for arbitration applies to investment arbitration. Our panel of leading scholars and practitioners will address several recurring themes in French courts’ review of investment arbitration awards. The conference will be introduced and moderated by Shaparak Saleh. Partner at Teynier Pic, Shaparak Saleh has acted as counsel in more than twenty annulment proceedings, including recently in Garcia v. Venezuela and Rusoro v. Venezuela. We will then hear from Pierre Pic, founding partner of Teynier Pic, who has extensive experience in annulment proceedings in France, having acted as counsel in the very first annulment proceedings brought against an investment arbitration award in Pren Nreka v. the Czech Republic in 2008 and more recently in Cengiz v. Libya. Pierre Pic will address the thorny question of what is left of French courts’ substantive rule approach (règles matérielles) in light of recent decisions rendered in relation to investment arbitration awards. Finally, renowned professor of law at Université Paris 2 Panthéon-Assas, Jean-Baptiste Racine will examine the relationship between arbitral tribunals and French courts, with a focus on when a party alleges that the enforcement of an arbitral award would violate international public policy.
Speakers:
- Shaparak Saleh (Partner, Teynier Pic)
- Jean-Baptsite Racine (University Panthéon-Assas Paris II)
- Pierre Pic (Partner, Teynier Pic)