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PAW 2022: Clémence Lemétais D’Ormesson, will talk about the financing of arbitration proceedings and the obligation of transparency

19 April 2022

Paris Arbitration Week 2022: Clémence Lemétais D’Ormesson, partner at UGGC Avocats, will speak alongside Oliva de Patoul, Mehdi Mellah, Eléonore Toupart and Maximin de Fontmichel, at the conference organized with Deminor Recovery on the topic: “Financing of arbitration proceedings and the obligation of transparency”.

 

The recent enshrinement of the third-party funder’s disclosure obligation in the 2021 ICC Rules of Arbitration marks a major development in the prevention of conflicts of interest in international arbitration.

In investment arbitration, the current reforms of the ICSID and UNCITRAL Arbitration Rules provide for the extension of this transparency requirement to the financing agreement.

Practitioners will examine the consequences and challenges of these new transparency obligations on the practice of financing arbitration proceedings:

– How can the risks of conflicts of interest that justify the rise of these new rules manifest themselves?

– What are the practical consequences of disclosing the identity of the third-party funder?

– What are the potential benefits, risks and abuses of producing the full content of the financing contract?

– To what extent can the culture of the arbitrator influence his or her assessment of the presence of a third party financier?

– What are the sanctions for refusing to comply with these obligations?

To discuss these issues, UGGC Avocats will be pleased to welcome :

 

– Mehdi Mellah and Olivia de Patoul

Senior Legal Counsels

Deminor Litigation Funding

– Maximin de Fontmichel

Professor at the University of Western Brittany

Director of the Master in Arbitration and International Trade, University of Paris Saclay

Arbitrator

– Clémence Lemétais D’Ormesson

Partner – Litigation & Arbitration

UGGC Lawyers

– Eléonore Toupart

Assistant Counsel

ICC

 

– Hybrid event

– The conference, which will be held from 6:30 to 8:00 pm, will be followed by a cocktail.