Protecting biodiversity will require the phase-out of harmful production at a large scale. However, some of these stranded investments will be foreign-owned, and can therefore be protected by the more than 2,600 investment treaties that are in force worldwide. These treaties' compensation...

The aim of this article is to analyze the utilization of alternative approaches for resolving tax disputes across various countries worldwide in order to evaluate the feasibility of introducing such approaches in Ukraine. It provides an overview of mediation, which is considered one of the most...

This paper studies the under-explored yet critical role of WTO's regular bodies, particularly focusing on the discussions of "trade concerns" within the Goods Council, its subsidiary bodies, as well as the General Council. These discussions are pivotal for the governance of international trade...

This paper summarizes the discussions within the United Nations Commission on International Trade Law (UNCITRAL) Working Group III (WG III) on the reform of investor-state dispute settlement (ISDS) regarding the two draft provisions on damages prepared by the UNCITRAL Secretariat as part of the...

This study delves into the trade dynamics of Southeast Asian countries in response to the trade dispute between the United States (US) and the People's Republic of China (PRC). Our analysis uncovers diverse patterns of trade diversion effects among eight Southeast Asian countries, revealing...

The World Trade Organization (WTO) serves as a key forum for negotiating global trade rules, yet it faces significant challenges, particularly in the agricultural negotiations. The collapse of the Doha Round has left critical agricultural issues unresolved. Additionally, the WTO's dispute...

This Perspective discusses the latest developments in UNCITRAL of the Advisory Centre on International Investment Dispute Resolution and argues that the Advisory Centre should be established with an initial set-up of headquarters and regional offices in order to effectively deliver its services...

In developing economies, foreign direct investment (FDI) plays a crucial role by providing resources that facilitate participation in international trade and support economic development. Focusing on Viet Nam as a case study, this research aims to quantify the distributional effects of the...

Following the judgment of the Court of Justice and especially the Opinion of the Advocate General in the CDC Hydrogen Peroxide case, arbitration agreements on disputes concerning damages for infringements of the competition rules of the TFEU have been interpreted as being contrary to the...

This article investigates the significance of judicial review of arbitration awards for the continued efficiency and credibility of the arbitration system. It delves into why "judicial intervention" is so necessary for countries whose legislation and seat have been adopted since this guarantees...

The concept of regulatory chill remains one of the most controversial topics in international investment law. To this day, scholars have produced an abundance of academic works with contradictory conclusions on whether the existence of ISDS mechanisms in International Investment Agreements has a...

Courts do not enforce contracts prohibiting a party from filing for bankruptcy, but what about contracts requiring that any bankruptcy filing and ensuing case be in arbitration rather than in court? This article is the first to envision unanimous arbitration agreements among all the parties to a...

International law has traditionally evolved to settle legal disputes between States and private parties by providing for economic retaliation and demand for repatriation in case of trade in goods. When it comes to disputes between States diplomatic efforts have attempted to prevent trade...

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...

The Framework Convention of Tobacco Control (hereinafter “FCTC”) is the first treaty aiming to combat the tobacco epidemic under the auspices of the World Health Organization (WHO). This multilateral convention seeks to pursue the highest public health protection standards and good global...

In the common law legal system, the main sources of law are habits that live in society as a legal culture, as well as agreements that have been agreed upon by the parties. Meanwhile, in the civil law legal system, the regulations set by the government are the main source of law. There are two...

Thirty years after its founding, the WTO is experiencing unprecedented turmoil and uncertainty, as the United States has raised questions relating to its national sovereignty and expressed serious doubts about the effectiveness of multilateralism. Perhaps more importantly, United States...

During a tumultuous moment in history with shifts in power and politics, international dispute settlement stands at a crossroads. In theory, international dispute settlement should not institutionalize abuses of power, rely upon a monolithic one-size-fits-all model, or be a waste of resources,...

The market for crypto assets has grown rapidly in the last couple of years. Buzzwords like cryptocurrency, Non-fungible tokens (hereinafter “NFTs”) and metaverse have gone viral. Celebrities, artists, pop singers, e-commerce platforms, financial institutes, airlines, and many others are...

Arbitration clauses in international contracts have become increasingly popular in recent years. They offer parties to a contract a flexible and efficient alternative to traditional court litigation, particularly in cross-border transactions. However, the enforceability and effectiveness of...

In 2017, when Instagram, LLC found out that “instagram.tv” had been registered by an individual who resided in China, the company sought a transfer of domain name before the World Intellectual Property Organization (WIPO) Arbitration and Mediation Center, on the basis that the registrant had...

The concept and practice of emergency arbitration in India is still at a very nascent stage, primarily because there is no explicit statutory recognition in the codified Indian law on Arbitration. The rising demand for quicker outcomes and greater predictability in enforcement decision-making is...

Parties engaged in international commercial transactions often face complex disputes due to differing nationalities, laws, and legal systems. To resolve issues arising from the complexities of international commercial transactions, arbitration is commonly chosen to provide a suitable platform...

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...

The aim of this study is to elucidate whether arbitration offers advantages compared to the patent litigation system which is currently existing in Germany. To answer this question three essential characteristics of the current German patent litigation system are presented, i.e. the economic...

This paper attempts to appraise the use of alternative dispute resolution as a panacea to protracted election disputes in Nigeria. The hallmark of democracy in any given society is the conduct of free and fair elections. However, in almost every election, disputes are bound to occur and it is...

This extended Encyclopedia entry provides the first detailed academic analysis of Australia’s only locally-established institution focused on international arbitration, the Australian Centre for International Commercial Arbitration (ACICA). It sets out how it is developed and governed, its...

COVID-19 has been a crisis unexpected in scale and nature. It has changed many assumptions that we have about life and work. It has also forced drastic behavioural changes. Dispute lawyers everywhere are not spared. To a large extent, technology and the internet avoided a complete collapse in...

In recent years, advancements in blockchain as well as virtual and augmented reality technologies have led to the emergence of digital environments, commonly referred to as the “metaverse”. These virtual worlds offer users unprecedented ways to interact and conduct business, such as the use...

The economic shocks from the pandemic and rising geoeconomic tensions have triggered an accelerated restructuring of foreign investment flows in global value chains. As the previous determinants of foreign investment are rapidly changing, many new risks and opportunities abound for developing...