The use of arbitration in investor-state dispute settlement (ISDS) enables foreign investors to sue host states for alleged breaches of international investment law. But the practise has grown increasingly controversial over the past decade, with respondent states refusing to pay damages, or...

Salini v. Morocco sparked one of the liveliest controversies in the dynamic field of international investment disputes. Salini held that the word investment in the ICSID Convention, although undefined, has an objective meaning that limits the ability of member states to submit disputes to ICSID...

This paper will seek to determine the future trends of dispute boards in the international construction industry. Its focus shall be on the FIDIC books as the drafting standard for the international construction industry. The discussion will be in two parts. The first part of the article...

DynCorp International, LLC, a U.S. company, and Aramco, a Saudi-owned corporation, entered into a contract for a computer system which was to be manufactured in the U.S. and installed at Aramco's facilities in Saudi Arabia. The contract contained a “choice of law” provision requiring the...

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...

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,...

In 2009, China stood at the center stage of the World Trade Organization (WTO) dispute settlement, accounting alone for half of new disputes. From three perspectives, this article examines China's endeavors since WTO accession to respond challenges and support its meaningful participation in WTO...

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...

The ancient Sumerians, Persians, Egyptians, Greeks, and Romans all had a tradition of arbitration. Arbitration “took its rise in the very infancy of Society” as a private and self-contained method, distinctive from litigation and not as a postscript to development of public courts. The...