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
- Amina Hassani
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