We provide a simple but novel model of trade agreements that highlights the role of transaction costs, renegotiation and dispute settlement. The model allows us to characterize the appropriate remedy for breach and whether the agreement should be structured as a system of "property rights" or...

Construction industry is recognized for its predisposition to conflicts. The countless obligations and their performance, the long periods of time spend to execute the works and the international character of the parties involved in construction contracts are characteristic elements that mean...

This Article presents the results from the first detailed empirical study of consumer arbitration as administered by the American Arbitration Association. Primarily using a sample of 301 AAA consumer arbitrations that resulted in an award between April and December 2007, it considers such issues...

The ongoing reform of investor-state dispute settlement (ISDS) underlines the pertinence of an old question that has received various and conflicting answers: is investment arbitration a public or a private method of dispute settlement? A key criticism levelled at investment treaty arbitration...

International investment law is undergoing a time of reflection, review and revision. Increasing dissatisfaction with the functioning of the current system that governs the protection of international investment and the wish to ensure that investment is channelled towards sustainable development...

Mandatory arbitration of statutory rights in contracts between parties of unequal bargaining power has drawn political attention at both the federal and state level. The importance of such reforms has only been heightened by the Supreme Court's expansion of preemption under the FAA and of...

The Apotex v USA tribunal decisions regarding Sertraline and Pravastatin ANDAs have attracted scant indepth analysis, as to their ultimate effect on the treatment of intangible asset categories in investment arbitration. The Tribunal's decision in the final Apotex Inc. claim (2012) employed res...

This article examines the Supreme Court of Canada's judgment in Uber Technologies Inc. v. Heller from an international commercial arbitration perspective, focusing on two specific issues. The first issue is the Court's application of a provincial domestic, rather than international, arbitration...

International arbitration law and practice has changed dramatically over last couple of decades and so are the attitudes of disputing parties. This paper will be comparing arbitration with other DRMs and explore its benefits in some detail that makes it the most suitable for the petroleum...