I am interested in the general theory of international commercial arbitration and in the doctrinal issues raised by the laws of France, Luxembourg and the UNCITRAL Model Law on international commercial arbitration.
Commentary of the UNCITRAL Model Law
I am currently completing a comparative commentary of the UNCITRAL Model Law on International Commercial Arbitration. The purpose of the book is to study how the Model Law has been implemented and interpreted in the more than 100 jurisdictions which have adopted it.
Law Reform: New Arbitration Law in Luxembourg
The Luxembourg Parliament is currently considering adopting a new law on arbitration. Under the aegis of the Think Tank pour l’arbitrage à Luxembourg, I was one of the five drafters who wrote the bill (avant projet de loi portant réforme de l’arbitrage) which is currently under consideration.
I have also published on a number of doctrinal issues related to the enforcement of foreign arbitral awards in Luxembourg, including the interpretation public policy exception by Luxembourg courts and the enforcement of arbitral awards annulled in their country of origin.
I have developed, over a period of 10 years, the radical idea that arbitration should lose its contractual foundation and become the default mode of resolution of international commercial disputes. First in an article published in 2009 in an American law review, and then in a monograph (Rethinking International Commercial Arbitration, Towards Default Arbitration, Edward Elgar 2017), I proposed a fundamental rethink of the consensual foundation of arbitration. The book discusses the most important arguments against this proposal and responds to them. It then presents several models of non-consensual arbitration that could be implemented to afford neutral adjudication in disputes between parties originating from different jurisdictions, to offer an additional alternative forum in the doctrine of forum non conveniens or to save judicial costs. Finally, it offers several paths to implementations for lawmakers to consider.
Since my initial article, the proposal has been endorsed by a number of scholars who have built on it and further developed it (for instance, by proposing new paths for implementation or new arguments in its support – e.g. Fabio Núñez del Prado, La tragedia del consemiento, 2019).
“Jurisdiction to Grant Interim Measures in Support of Arbitration: The Influence of European Law” (2019/2020) 21 Yearbook Private Int’l L. 21 217
“The Law governing the modality of arbitral awards”, (2009) 25 Arb. Int’l. 347
“Parallel Litigation and Foreign Investment Dispute Settlement” (2006) ICSID Rev. Foreign Investment LJ 381