Associate Kimberley Bazelais comments in relation to the recent overturning of an $11bn arbitral award in the High Court in London and what it suggests about domestic courts’ approaches to the review of international arbitration awards based on public policy.
Kimberley’s comments were published in Law.com, 3 November 2023, and can be found here.
The London High Court ruled that Process & Industrial Developments fraudulently procured $11B in arbitral sums through unauthorised access to internal documents and bribery.
“For Kimberley Bazelais, an investment arbitration expert at Signature Litigation’s Paris office, in light of the malpractices, intensive standards and processes of review may “become the norm” in international arbitrations. […]
However, Bazelais noted the French courts’ recent embrace of a broader standard of review— from requiring a “manifest, concrete and effective” breach to only requiring a “characterised” breach […]”
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