Third Party Funding in International Arbitration: A Critical Appraisal and Pragmatic Proposal, by Mohamed F. Sweify, Edward Elgar Publishing Limited, 2023, 223 pages

Since 2011, the French supreme court for private and criminal matters (Cour de cassation) has ruled that the French law of sovereign immunities is based on customary international law, and that it would be reflected in the United Nations Convention on Jurisdictional Immunities of States and Their Property. This Article surveys the case law of several European supreme courts and argues that it is doubtful that the Convention reflects customary international law. It concludes by proposing that French courts apply the Convention as such, instead of pretending to apply customary international law.

Authors

Publication Details

Journal
Revue critique de droit international privé
Published
2024-10-07
DOI
https://doi.org/10.3917/rcdip.243.0646
Primary Topic
International Arbitration and Investment Law
Type
article
Field-Weighted Citation Impact
0.00
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article

Third Party Funding in International Arbitration: A Critical Appraisal and Pragmatic Proposal, by Mohamed F. Sweify, Edward Elgar Publishing Limited, 2023, 223 pages

Amina Hassani
Revue critique de droit international privé
International Arbitration and Investment Law
article

Third Party Funding in International Arbitration: A Critical Appraisal and Pragmatic Proposal, by Mohamed F. Sweify, Edward Elgar Publishing Limited, 2023, 223 pages

Amina Hassani
article en

Abstract

Since 2011, the French supreme court for private and criminal matters (Cour de cassation) has ruled that the French law of sovereign immunities is based on customary international law, and that it would be reflected in the United Nations Convention on Jurisdictional Immunities of States and Their Property. This Article surveys the case law of several European supreme courts and argues that it is doubtful that the Convention reflects customary international law. It concludes by proposing that French courts apply the Convention as such, instead of pretending to apply customary international law.

Revue critique de droit international privéVol. n° 3(3)
Peace, Justice and strong institutions
Openalex Percentile: Top 49%
International Arbitration and Investment Law
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