Can states avoid lengthy and costly investor-state arbitration proceedings by entering into amicable settlements? While this is always possible in principle, data suggests that states struggle to do so. This Perspective discusses possible structural reforms for states to enable (and encourage)...

Arbitration clauses in international contracts have become increasingly popular in recent years. They offer parties to a contract a flexible and efficient alternative to traditional court litigation, particularly in cross-border transactions. However, the enforceability and effectiveness of...

The concept and practice of emergency arbitration in India is still at a very nascent stage, primarily because there is no explicit statutory recognition in the codified Indian law on Arbitration. The rising demand for quicker outcomes and greater predictability in enforcement decision-making is...

In some countries an IP owner’s attempts to defend or enforce its IP rights in a conventional way may face difficulties, particularly if the country’s judiciary is not able to effectively render justice since it lacks the necessary resources, if the courts are subject to interventions by the...

The aim of this study is to elucidate whether arbitration offers advantages compared to the patent litigation system which is currently existing in Germany. To answer this question three essential characteristics of the current German patent litigation system are presented, i.e. the economic...

This paper attempts to appraise the use of alternative dispute resolution as a panacea to protracted election disputes in Nigeria. The hallmark of democracy in any given society is the conduct of free and fair elections. However, in almost every election, disputes are bound to occur and it is...

This extended Encyclopedia entry provides the first detailed academic analysis of Australia’s only locally-established institution focused on international arbitration, the Australian Centre for International Commercial Arbitration (ACICA). It sets out how it is developed and governed, its...

COVID-19 has been a crisis unexpected in scale and nature. It has changed many assumptions that we have about life and work. It has also forced drastic behavioural changes. Dispute lawyers everywhere are not spared. To a large extent, technology and the internet avoided a complete collapse in...