In the last decade, the investor-state dispute settlement system has been subject to criticism. It is mainly due to the fact that the standard of protection under investment treaties significantly tips the scales in investors’ favor. Such a tilted protection mechanism has been referred to as...

This paper considers the availability of host state counterclaims in investment arbitration using as a case study Saluka v. The Czech Republic, the first decision under the 1976 UNCITRAL Rules and considered “the most comprehensive consideration of arbitral jurisdiction over counterclaims in...

The International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation (the ‘ICAC’) is a recognized arbitral institution based in Moscow which has a long experience of administering transnational commercial arbitrations. Most frequently disputes...

This chapter does not conclude that mediation is appropriate in all matters of commercial dispute, nor does it suggest that mediation supplants other forms of dispute resolution. This chapter does, however, make a case for deepening the understanding of mediation and its application in...

The Alternative Dispute Resolution ("ADR") is an alternative conflict settlement strategy. It follows the main objective of solving conflicts between parties stunningly through the help of independent professionals and renowned personalities. Today the role of the ADR is more important, and the...

This paper assesses the Arbitration Fairness Act's proposed amendments to the Federal Arbitration Act, as well as the possibility of contracting for heightened judicial review of arbitration awards. In brief, I support the amendments as well as the possibility of review.Section 2(b) of the AFA...

Prior to the rise of international investment treaties and institutionalization of investor-state arbitration, the protection of foreign investors from mistreatment in the host state courts was the preserve of customary international law, which prohibited a denial of justice and provided for...

In this short article, data is presented on the striking lack of women arbitrators in investment treaty arbitrations.The author argues for a mandatory roster system to ensure a more publicly accountable and deliberative merit-based appointments process while also enhancing arbitrator independence

Although nearly all arbitration rules provide for the right to assert counterclaims in investor-state disputes, many tribunals are reluctant to allow such counterclaims. The two key issues, which tribunals and this Article examine, are investor consent to counterclaims and determination of...

This paper surveys the contributions of laboratory experiments to labor economics. We begin with a discussion of methodological issues: why (and when) is a lab experiment the best approach; how do laboratory experiments compare to field experiments; and what are the main design issues? We then...