Counsel, Linklaters
CEPANI40 co-organised, with other leading below-40 arbitration organisations, a comparative law event on conflicts of laws in international arbitration at the occasion of the 2025 Paris Arbitration Week.
The panel first examined the law applicable to the arbitration agreement. With the upcoming 2025 Arbitration Act expected to reshape the English common law position, how does this compare to the French approach — and could Swiss law offer a pragmatic middle ground?
The second part of the discussion focused on the law governing the merits. From the interpretation and application of Section 46(3) of the Arbitration Act 1996 to the recent introduction of Article 822 in the Italian Code of Civil Procedure, the discussion considered how tribunals navigate competing conflict of laws rules — and what happens when party autonomy meets procedural innovation.
Finally, in its last part, the discussion turned to the role of mandatory rules and public policy in post-award proceedings — in particular, how French, Italian and Swiss courts respond when the chosen law conflicts with overriding national principles.
The event was concluded by networking drinks, before the traditional Young Arbitration Cruise on the Seine.
