The conflicts of interest in international trade arbitration

Conflict of Interests is a fascinating subject due to its pervasiveness in the economic life. This approximated expression, borrowed from the politicians and Anglo-American lawyers' jargon, has recently spread into the French business world and was taken up by the media to designate the interferences of private interest in the exercise of powers of private or public nature. In the current state of French Law, there is no specific rule governing conflicts of interests, neither in Private Law, nor in Public Law. Indeed, politicians and scholars paradoxically only focus on their prevention, whereas their sanctions fall within the scope of broader notions. The aim of this research is to lay down the definition, the operative value and the regime of conflict of interests. The scope of this research shall be, within Private Law, Commercial Arbitration Law, which is particularly exposed to the hegemony of Anglo-American laws.