Cross border economic activities are embedded either in formal subordination to particular national legal systems, a commitment established and structured by nation-states and in practice voluntarily agreed by participants in a contract, or global business deals are enabled by global...

What are a negotiator's ethical and moral obligations during a negotiation? Should a negotiator be dedicated to achieving the greatest value possible for his or her client even though that goal may appear to require some degree of deception? Does it make a difference whether a culture has a...

This paper examines the role of third-party funding (TPF) in international investment arbitration. This can take many shapes and forms but basically, the TPF funder is an investor in a monetary claim lodged before a court or arbitral tribunal. By involving a TPF funder, a claimant may attract...

The globalisation of the economy goes along with numerous kinds of uncertainty and requires adequate institutional designs in order to avoid disadvantageous situations from the actors' points of view. Institutional designs usually consist of a mix of different institutions that are adapted to...

What do parent companies owe to individuals that are directly affected by the business conduct of a foreign subsidiary? In corporate social responsibility (CSR) policies and sustainability reports parent companies of multinational enterprises respond to that question. They emphasize their...

Over the years, the substantive content of international investment agreements (IIAs) has shifted to reflect political change and to respond to lessons learnt in investor-state dispute settlement (ISDS). With a focus on eight IIAs, selected with a view to geographical representativeness, this...

International investment law is undergoing a time of reflection, review and revision. Increasing dissatisfaction with the functioning of the current system that governs the protection of international investment and the wish to ensure that investment is channelled towards sustainable development...

“Extreme” weather has become the new normal. What were previously considered to be inexplicable and unpredictable “acts of God” can no longer reasonably be said to be so. They are acts of man. The established doctrine of contractual impracticability rests on the notion that a party may...

The proliferation of rules aimed at the management of cross-border insolvencies has not been coupled with sufficient attention to the choice of law rules relating to the avoidance of antecedent transactions as legal acts detrimental to all the creditors. This article is the first of its kind in...