The Lagarde Prosecution: Will the Decision Be a Blow to Finality in Investor-State Arbitration?

摘要

On Dec. 19, 2016, International Monetary Fund Managing Director Christine Lagarde was convicted of criminal negligence for failing, as French finance minister, to appeal an adverse arbitration award against a French government-owned company. See Landon Thomas Jr., Liz Alderman & Aurelien Breeden, "I.M.F. Stands by Christine Lagarde, Convicted of Negligence," N. Y. Times B1 (Dec. 20, 016) (available at http:/yti.ms/2h3qySj). She had faced similar charges for agreeing to refer the company's dispute to arbitration in the first place, but was acquitted.