There is an interesting exception to businesses’, employers’, and service providers’ seemingly universal embrace of arbitration processes, particularly mandatory pre-dispute arbitration. Although it may be difficult to believe given arbitration’s current popularity, not everyone requires...

Generally speaking, each individual jurisdiction has adopted its own approach concerning the rules on the determination of the governing law applicable in proceedings in international matters. In the international practice, arbitral panels usually distinguish four relatively autonomous areas...

This article reports on a study of potential systemic bias in the resolution of ambiguous legal issues by investment treaty arbitrators. It outlines tentative but significant findings that the arbitrators in general tended to favour (a) foreign investors over states in general, (b) foreign...

This article examines the impact permissive procedures have on an arbitrator's ability to maintain order. The suggestion made is that the new rules offer nothing that isn't already available by judicial decree. While the effort to assist the arbitrator is laudable, no administrator can go...

In the context of harmonisation of arbitration law and practice worldwide, to what extent do local legal traditions still infuence local arbitration practices, especially at a time when non-Western countries are playing an increasingly important role in international commercial and financial...

Increasing cross-border commercial exchanges and foreign investments have caused arbitration to become more frequently selected as a dispute resolution option in China. In response to this growing demand, China has taken significant steps to improve its arbitration system. Nevertheless,...

During the past few years arbitration has been under attack. Recent judicial decisions, newly enacted and proposed legislation, and populist sentiments are important and obviously can result in significant changes. But many of the criticisms leveled at arbitration can be addressed and, most...

Arbitration is supposed to be a quick efficient way to resolve a dispute. One of the main benefits is finality. The Federal Arbitration Act does not allow for a merit based appeal from an arbitral award. If an arbitrator makes an error interpreting or apply law, courts are not empowered to...