Conflict is an inevitable facet of international relations. As much as the nations of the world work harmoniously in order to achieve their mutual interest, they also disagree as they strive to protect and preserve their individual national interests. Where conflict is inevitable and is part of...

Alternative dispute resolution procedures such as arbitration and mediation are the most common methods for resolving wage, contract, and grievance disputes, but they lead to varying levels of success and acceptability of the outcome depending on their design. Some innovative procedures, not yet...

Despite much attention to the lex mercatoria, international commercial arbitration remains under-analyzed as a venue for establishing a private, transnational contract law. The lex mercatoria is a supranational legal system consisting of international commercial usages and of principles and...

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...

International Construction Contracts and the legal relationships created due to their use and application are interpreted and evaluated by different institutions and academics around the globe. They are also interpreted by courts and arbitral tribunals from different countries. Their development...

This Article provides a short summary of the distinctions between privacy and confidentiality in domestic arbitration pursuant to non-public parties’ private agreements, and seeks to spark discussion of transparency reforms that respond to effects of these distinctions in that context. It...

Incomplete contracts and laws often lead to disputes. Before a dispute arises, parties can adopt an arbitration clause. If they choose to do so, future disputes are resolved before an arbiter. Otherwise, parties will choose between settlement and litigation after a dispute has risen. We analyze...

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...

Although arguments exist that fiscal disputes should remain beyond private adjudication, implicating as they do the sovereign prerogative of revenue raising, the practice proves very much to the contrary. Arbitration of tax-related disputes proves very much a reality despite doctrinal...