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...

U.S. assertion of political power in the World Trade Organization (WTO)'s appointment process reminds us of the tenuous balance that exists between state power, adjudication and legitimacy in WTO dispute settlement. Even more fundamentally, it prompts questions about whether reformation of...

The 'problem' of overlapping international disputes has long vexed scholars and adjudicators. This article addresses an increasingly important form of overlap that has begun to emerge: parallel or successive disputes before the World Trade Organization (WTO) and investor-state arbitral...

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...

The most fundamental principle of contemporary international law is its emphasis on the peaceful resolution of disputes. This principle is amplified by Article 2(3) of the UN Charter encouraging states to live in peace and unity, and to settle their disputes such that international peace,...

An examination of some of the recent decisions of the panels and Appellate Body demonstrates the continuing evolution of WTO trade rules through traditional processes of treaty interpretation, reference to earlier jurisprudence and judicial reasoning. The quasi-judicial development of the law in...

The World Trade Organization's Dispute Settlement Body grew out of decades of experience and the frustrations of sovereign nations regarding the method of settling international conflicts between states over tariff and trade issues. This article discusses the historical development of the World...

SOME authors have called for enhancing the government's role in promoting Online Dispute Resolution (ODR) due to its slow growth. The problem with ODR seems to be the lack of confidence in the technology itself or the law that governs ODR. To cure these problems, authors think that government...

Compensation for adjudicators is generally considered as a core issue for judicial independence and for attracting good judges in the institutional design for courts. This paper examines compensation systems for adjudicators and dispute settlement administrators in investor-state dispute...