Stewarts’ head of international arbitration Philippa Charles is quoted in an article in the Financial Times published on 3 May entitled Arbitration on trial: the US and UK’s fear of the supranational.
The article examines current issues surrounding international dispute resolution in the light of Britain being expected to leave the jurisdiction of the European Court of Justice after Brexit and President Trump’s threat to ignore World Trade Organisation rulings. It also looks at the investor-state dispute settlement (ISDS) process, which allows companies to sue governments directly for unfair treatment under investment treaties, a process normally conducted by means of arbitration.
The Financial Times states that there has been a rise in recent years of cases brought under these treaties, which some ascribe to the rise of globalisation. It goes on to say however that “… some campaigners and investigative journalists argue that a clique of public international lawyers is urging companies to sue and encouraging elastic concepts of fairness in panels that traditionally meet in secret”.
The article continues:
Philippa Charles, head of international arbitration at Stewarts in London, says:
“There is a strong sense within the arbitration community that the system is under pressure, and [that there is] less complacency than before about its perceived legitimacy.”
Please click here to read the full article in the Financial Times (subscription required) – Arbitration on trial: the US and UK’s fear of the supranational
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