Consistency in decision-making is generally considered to be a good thing. It is largely considered to be a paradigm of good decision-making. Investment arbitrators often rely on this idea to cite prior cases (precedents, in a non-technical meaning), and follow some of them. But is consistency...

This article seeks to examine the fertility, for the regulation of cyberspace, of the "pyramid-network hypothesis". This hypothesis is the conjecture that the process of how law is being created, generally, in all fields of the law, is undergoing a paradigm shift. It is moving away from a...

We now have a total of more than 650 investment arbitration claims. The number of countries targeted by arbitration is on the rise, both in the developing and developed worlds, and has reached a total of more than 100 states. Given the hard economic times that most countries have been going...

Investor-state arbitration, also called investment arbitration, is often accused of harming developing states facing economic hardship, for the benefit of a wealthy few from the Global North. Its proponents respond that it is the only available means to resolve disputes impartially, and that its...