This paper summarizes the discussions within the United Nations Commission on International Trade Law (UNCITRAL) Working Group III (WG III) on the reform of investor-state dispute settlement (ISDS) regarding the two draft provisions on damages prepared by the UNCITRAL Secretariat as part of the...

The chapter explores the far-reaching effects of the digital transformation on trade and trade law. It first sketches the state of affairs under the multilateral forum of the World Trade Organization (WTO) and, second, analyzes the more de- liberate regulatory responses to the challenges of...

This is a contribution to the AJIL Unbound Symposium on digital trade and international law. The essay unveils the fluidity of the topic of digital trade—both from a technological and a policy-legal perspective and addresses the questions of what “digital trade” is and more importantly how...

After a year of record international trade in 2022, it is uncertain whether the future of the global economy is fragmentation or a new institutional structure. The challenges are to re-establish a dispute resolution mechanism, as the WTO process currently allows decisions to be appealed into...

This Chapter considers how domestic cybersecurity measures interact with the international trade law regime. To that end this chapter discusses the relationship between cybersecurity and the international trade law regime. In so doing, it reveals some of the gaps associated with applying the...

The article explores the transformations triggered by digitalization in the domain of global trade law and seeks to evaluate the nature and the effects of the unfolding legal adaptation in this field of international law. For this purpose, the article starts by mapping the sweeping effects of...

This chapter discusses the role and functioning of private international law in commercial arbitration. It deals with the principal problems of conflict of laws and conflict of jurisdictions that arise in arbitration, the sources of private international law of arbitration, the role of the seat,...

The world, in addition to existing inequalities, also suffers from a digital-data divide. Some countries and classes of people have obtained outsized benefits from digitization whereas many others have either not received promised benefits or have even suffered due to job/revenue loss, reduction...