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 central questions that this article addresses are: Has there been a significant judicialization of international arbitration in recent years? And is this judicialization really a sign of a loss of attraction for international arbitration? For these purposes, conventional assumptions about...

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...

Transparency is not to be construed as a waiver of the rights to confidentiality of the parties. The Rule of Law, Court Procedural Rules, accountability and transparent legal processes undoubtedly have been the cornerstones of litigation, and foundation of the Courts, rendering justice to the...

Intellectual Property Rights (“IPR”) can be regarded as an incentive for an inventor or an author, granted or recognized by a state. IPR are enforceable erga omnes within the boundaries of the state. Member States of the Paris Convention Union and other relevant conventions are expected to...

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...

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...