The rapid growth of electronic commerce increases the potential for conflicts over contracts which have been entered into online (e.g. about price, late delivery, defects, specifications ...). Thus, the use of online dispute resolution (ODR) mechanisms to resolve such e-commerce conflicts is...

This report seeks to assess both legally and technologically the first experiments in online dispute resolution and to formulate, on this basis, recommendations for the improvement of dispute settlement mechanisms using information technology. It involves, first, a review of the existing...

We now have a total of more than 650 investment arbitration claims. The number of countries targeted by arbitration is on the rise, both in the developing and developed worlds, and has reached a total of more than 100 states. Given the hard economic times that most countries have been going...

Scholarship on international investment arbitration is plentiful. Despite it being a relatively young field, it would be difficult to name one in which more books and articles have been published in recent years. The field is a dynamic one, attracting a diverse range of authors; the stakes are...

Consistency in decision-making is generally considered to be a good thing. It is largely considered to be a paradigm of good decision-making. Investment arbitrators often rely on this idea to cite prior cases (precedents, in a non-technical meaning), and follow some of them. But is consistency...

This article reviews legal scholars' key prudential and moral reasons to oppose the view that law can exist without the state. After a discussion of the real-world impact of views on what counts as law, the article discusses the following grounds for resistance to stateless law: law as something...

This essay (meant for a forthcoming and at this stage undisclosed Festschrift) sketches a preliminary examination of the type of social order that hybrid international commercial courts might contribute to creating or sustaining. It starts by reviewing the arguments advanced, implicitly or...

In this introduction to the Special Issue "Empirical Studies on Investment Disputes", we offer a new heuristic model to structure the thinking about investment arbitration. Investment arbitration is presented here as a political system in a sense inspired by David Easton's landmark theory: it...

Investment arbitrations should not happen too often, because they are costly processes for both parties. Yet they regularly happen. Why? We investigate the hypothesis that investment arbitrations are used as a means of last resort, after dissuasion has failed, and that dissuasion is most likely...