Many governments have expressed concerns about the uncertainty linked to the perceived inconsistency of treaty interpretation in Investor-State dispute settlement (ISDS). An OECD-hosted intergovernmental investment roundtable has been considering a range of tools through which governments can...

The fair and equitable treatment (FET) provision has leapt to prominence in the last 15 years as the principal ground of liability at issue in many if not most investment treaty arbitration claims. In debates about the impact of investment treaties on the right to regulate, FET is second only to...

While trade diplomats and scholars have expressed pride at the Uruguay Round achievement of more binding and more "law-oriented" dispute resolution, the same group and a variety of NGO and other commentators question the jurisdictional scope of dispute resolution. After all, should these small...

This article briefly reviews the roots of domestic arbitration policy and the corresponding development of consumer protection policy. It asserts that international arbitration policy was always intended to be tempered by consumer protection principles. Next, the article summarizes the Canadian...

The proper constitution of an Arbitral Tribunal will determine the validity and enforceability of an award. This paper deals with the different problematics that multi arbitrator tribunals, in specific those panels formed under the scheme of party appointed arbitrators can face during the...

Access to Court is a gobal principle, though the consequences of this principle are interpreted differently in the U.S. and Europe. Neither International Commercial Arbitration nor International Litigation can offer an effective access to court for cross-border commercial contracts. Whereas...

The literature on pretrial dispute settlement has studied the effect of first-order uncertainty on pre-trial settlement bargaining while assuming away any uncertainty about higher-order beliefs. We propose a settlement bargaining model in which one player receives a private and noisy signal of...

This paper gives an overview of the annulment (setting-aside) mechanism in international commercial arbitration. It explores the 'prevailing consensus' on the annulment criteria in the UNCITRAL Model Law and some of the more common deviations from such consensus present in contemporary national...