Lawyer Monthly - December 2021 Edition

for greener arbitrations have encouraged both the users of investment arbitrations and the main arbitral institutions to rethink their way of conducting cases. No more voluminous boxes of documents sent across the globe; ICSID went completely paperless last year, as electronic filings have become the default option. How are investment arbitration awards enforced? Generally speaking, enforcing an investment arbitration award requires two steps. The award must first be “recognised” as binding before it can be enforced through domestic procedures governing the execution of judgments. However, the specific rules that apply to the recognition of investment awards depend on the regime in question. Under the ICSID Convention, contracting states have agreed to enforce ICSID awards unless annulled by a self-contained ICSID annulment regime. Appeal or review of ICSID awards other EXPERT INSIGHT 61 DEC 2021 | WWW.LAWYER-MONTHLY.COM than through the self-contained mechanism provided for in the ICSID Convention is expressly excluded. For non-ICSID cases, there are international treaty-based enforcement regimes that may be used to enforce investment treaty awards, the most popular one being the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards. In broad terms, the New York Convention calls upon each contracting state to recognise and enforce foreign arbitral awards unless the award exhibits one or more enumerated defects. This means that national courts can only reject enforcement of an award on limited grounds, for instance breach of international public policy or because the arbitral tribunal did not have jurisdiction. Once the award has been recognised, the actual process of execution can begin. When dealing with investment awards rendered against states, sovereign immunity issues often arise. What advice would you offer to an up- and-coming lawyer who is interested in specializing in investment arbitration? Keep reading, keep learning! It is no longer difficult to gain access to the decisions of investor- state tribunals, particularly on the ICSID website, which is a gold mine for anyone interested in investment arbitration. As investment arbitrations often turn on similar questions of treaty interpretation, it is key to keep abreast of new development and new decisions. It is no longer difficult to gain access to the decisions of investor- state tribunals, particularly on the ICSID website, which is a gold mine for anyone interested in investment arbitration. Sara Nadeau-Séguin I am a partner with law firm Teynier Pic in Paris. Founded in 2004, we are the first independent French boutique dedicated to dispute resolution in all its dimensions. My own practice is split between commercial arbitration and investment arbitration, both as counsel and as arbitrator. Sara Nadeau-Séguin Partner, Teynier Pic 2, rue Lord Byron, 75008 Paris, France Tel: +33 1 53 45 97 05 Fax: +33 1 40 15 01 08 E: sara.nseguin@teynier.com www.teynier.fr/?team=sara-nadeau-seguin LinkedIn: www.linkedin.com/in/ sara-nadeau-seguin-44607033