🧱Compliance Law increases the attractiveness of International Arbitration in Paris

On April 27, 2024 Xerfi Canal broadcast the interview I conducted with Eduardo Silva-Romero , partner at Wordstone Dispute Resolution and president of the ICC Institute of World Business Law ,for the series devoted to the new branch of Law, which is Compliance Law, by my colleague and friend Jean-Philippe Denis 's program, Fenêtres ouvertes sur la gestion (Open windows on management).

📺view the full interview

This interview is based on Eduardo Silva-Romero's contribution in 2023:

📝What place is there for compliance in investment arbitration?

in Marie-Anne Frison-Roche (ed.)  📘Compliance Jurisdictionalisation

co-published by the Journal of Regulation & Compliance  and Larcier-Intersentia (Bruylant).

Interview Summary:

Marie-Anne Frison-Roche - Question: What is the place of Compliance in international investment arbitration and, first, what is its specificity?

Edouardo Silva-Romero - Answer: International investment arbitration is based on a treaty, signed between two States, which agree to protect the investments that companies make in the host State. The resulting disputes may give rise to this specific type of arbitration.

Compliance has a special place here, because if the investment is tainted by corruption or fails to respect human rights, it will not be protected by the arbitrators, as the host state is no longer bound.

MAFR. Q.: So, through Compliance, states can assert their sovereignty?

Edouardo Silva-Romero. A.: Yes, through the social dimension of Compliance, States can assert their social conception and impose it in investment arbitration.

MAFR. Q.: Is the attractiveness of the Paris marketplace enhanced?

Edouardo Silva-Romero. A.: The International Court of Arbitration is headquartered in Paris, and it's clear that this presence, combined with Compliance's humanistic approach to investment arbitration, is an essential element of attractiveness. Because of the technicalities involved, it is essential for international arbitrators to master compliance law in order to participate in this new element of attractiveness, as it takes the form of rules of public order, and this is also how the Cour d'appel de Paris (Paris Court of Appeal) exercises its control over awards, through a bilingual and specialised chamber.

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