This paper is a contribution to the literature on rational design of trade agreements. The World Trade Organization (WTO) is an incomplete contract among sovereign states. Incomplete contracts contain gaps. Ex post, contractual gaps may leave gains from trade unrealized; they may create...

Many countries in the East Asian and Pacific (EAP) region have strengthened their networks of bilateral investment treaties (BITs) and other international investment agreements (IIAs). This growth in investment protection instruments not only illustrates the region's continued attractiveness to...

There have long been concerns about the growing workload of the World Trade Organization (WTO) Appellate Body. More recently, another more fundamental concern has emerged, which risks exacerbating the Appellate Body's capacity constraints, but goes further to imperil the independence of its...

While there are ongoing the debates on the appropriateness of arbitrators acting as mediators in a pending arbitration (this process is often described as ‘arb-med'), such practice seems to work well in China. In this respect, the Chinese model may be useful in contributing to the practice in...

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...

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...

The article focuses on the role of the NGOs in the dispute settlement process of the WTO. It argues that NGOs participation is underpinned by the emerging norm of participatory democracy. Given the growing expectations about WTO's accountability, transparency and democratic legitimacy, the NGOs...

Arbitration, though not totally devoid of some inherent legal issues, has come to be recognized as more effective than litigation. The reason for this development could be attributed among other things, to the craving need to get speedy and substantial justice without being hampered by the legal...

Arbitrators are lead actors in global dispute resolution. They are to global dispute resolution what judges are to domestic dispute resolution. Despite its global significance, arbitral decision making is a black box. This Article is the first to use original experimental research to explore how...