Affaires d’États: Abusive Claims Against States and How to Fight Them

Presentation

The last decade has seen an increase in the number of abusive claims against States in international arbitration. From corporate restructuring designed to gain access to arbitration to presenting extravagant damage claims to pressure States into undue settlements or as part of an “anchoring” strategy, claimants and their funders frequently drag States through lengthy and costly proceedings over exaggerated and even frivolous claims. ICSID and other arbitral institutions have introduced mechanisms to weed out frivolous claims, and UNCITRAL Working Group III is considering reform options to curb abusive practices. What is the efficacy of existing mechanisms? What other tools are available to fight abusive claims? How can such behavior be deterred? In this roundtable, experienced practitioners, state officials, and policy experts will provide their unique insights on this controversial issue.

Following the panel discussion, a zoom meeting link will be distributed in chat so that the audience will have an opportunity to meet the speakers virtually and continue the conversation in an open Zoom room.

Panelists:
• Wolfgang Alschner- Associate Professor, University of Ottawa
• Marie-Claire Argac - Partner, Curtis, Mallet-Prevost, Colt & Mosle LLP
• Miriama Kiselyová - Investment Expert and Legal Adviser, Permanent Representation of the Slovak Republic to the EU
• Suzy Nikièma - Director of the Sustainable Investment for the Economic Law and Policy Program, International Institute for Sustainable Development (IISD)

Moderator:
• Simon Batifort - Partner, Curtis, Mallet-Prevost, Colt & Mosle LLP