International commercial arbitration has long been the preferred means of resolving
complex business disputes in the cross-border context. However, the international corporate …

Despite experiencing a period of fiscal adjustment, worldwide investment remains a
lynchpin of global economic activity and involves trillions of dollars.'Governments across the …

For decades, parties, practitioners and policymakers have believed arbitration to be the best
if not only realistic means of resolving cross-border business disputes. However, the …

Proponents of the" contemporary mediation movement" promised that parties would be able
to exercise self-determination as they participated in mediation. When courts began to …

As global economic activity continues to expand during a time of worldwide economic shifts,
international investment law has emerged as an area of mounting interest. In 2012, the …

Investment treaty arbitration (sometimes called investor-state dispute settlement or ISDS)
has become a flashpoint in the backlash against globalization, with costs becoming an area …

Courts were originally wary of agreements that waived the right to litigate, because
alternative dispute resolution (ADR) does not guarantee legal and procedural protections …

Contract theory has long posited that parties can maximize contract value by manipulating
the procedural rules that will apply if there is a dispute. Beyond choosing a litigation or …

This book explores the potential of the current investor-state dispute settlement (ISDS)
mechanism to materialise the responsibility of foreign investors through the states' …

Federal magistrate judges, often referenced as the" face" of the federal courts,'are key
players in the settlement of civil cases' in the federal courts. 3 The Administrative Office of the …