is article describes the legal issues of the development and use of electronic arbitration systems as an alternative method of dispute resolution. E-arbitration and arbitration are interrelated concepts, but electronic arbitration aligns with the trends of deformalized arbitration. Despite the...

Since the inception of the international investment law system, investment promotion and protection have been the raison d’être of investment treaties and states have confined their policy space in order to attract foreign investment and protect their investors abroad. Languishing in relative...

On 1 January 1995, the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU) entered into force. During its first ten years, the DSU has since been applied to 324 complaints - more cases than dispute settlement under the GATT 1947 had dealt with in nearly five decades....

In some countries an IP owner’s attempts to defend or enforce its IP rights in a conventional way may face difficulties, particularly if the country’s judiciary is not able to effectively render justice since it lacks the necessary resources, if the courts are subject to interventions by the...

Despite local instances of single arbitrators’ corruption not having proven completely absent from arbitration chronicles over the last decades, one may safely argue that until very recently, no scandal had ever been severe enough to shake the foundations of arbitration communities on a...

Antidumping and related trade remedies are the most popular policy instruments that many of the largest importing countries in the World Trade Organization system use to restrict international trade. While such trade remedies are also frequent targets of dispute settlement activity under the...

The ongoing reform of investor-state dispute settlement (ISDS) underlines the pertinence of an old question that has received various and conflicting answers: is investment arbitration a public or a private method of dispute settlement? A key criticism levelled at investment treaty arbitration...

This paper is based on the proposition that dispute settlement mechanisms are what determines the rights and obligations of the parties to any transaction. An efficient and trustworthy system for the settlement of international commercial disputes is crucial to international business. The New...

Africa has grown significantly in this decade and is attracting investors. Economic growth can however be cyclical and the World is now going through a major economic downturn and Africa is not exempted. In different countries, including African States, parties may find themselves in positions...

This paper evaluates the case for the introduction of an appellate systrem in international investment arbitration. It argues that while an appellate body might remedy problems of inconsistent decisions, its introduction faces major (legal and political) obstacles