Partner Jennifer Younan (Paris-International Arbitration) spoke at the “Thirty Fifth ITF Public Conference: Evidence in Investor-State Arbitration” on April 29, 2021.

Jennifer shared her thoughts on approaches to admissibility and relevance of evidence in Investor-State Dispute Settlement (ISDS), a topic that has assumed increasing importance in the context of illegally obtained evidence.

This online conference addressed complex issues related to evidence in investor-State disputes. The topics included law applicable to evidentiary issues, admissibility of evidence (including obtained using illegal means), determining the relevance and materiality of evidence, adverse inferences, disclosure requests, distinction between law and facts, and provisional measures related to evidence.