One of the principal achievements of the GATT Uruguay Round of Multilateral Trade Negotiations (1986-1994), which resulted in the establishment of the World Trade Organization ("WTO"), was the creation of a ground-breaking system for the resolution of trade disputes between WTO Members. This...

This contribution provides a cost-benefit analysis in a partial equilibrium framework to investigate the welfare consequences of a prohibitive regulatory non-tariff measure (NTM) in the form of a sanitary and phytosanitary (SPS) measure aimed at a foreign product with perceived negative...

This Perspective considers the lessons that can be drawn from existing ISDS provisions for conciliation and mediation, and suggests improvements that can be made to future ISDS provisions. It also recommends that institutions produce guidance or templates to facilitate mediation or conciliation...

The use of TRIPS flexibilities by WTO members involves interpretation of the obligations under TRIPS which can be challenged under the WTO dispute settlement system. Mutually agreed solutions, panel or Appellate Body decisions adopted in such disputes can thus impact the scope of TRIPS...

This paper unpacks the role of the domestic content of imports as a novel source of policy interdependence along the global supply chain. We show how a rise in local contents embodied in imports can skew national trade policy preferences, and pull upstream and downstream countries in asymmetric...

On 13 July 2022, a WTO arbitrator issued its decision on the methodology Canada may use to fix the level of suspension of concessions or other obligations in the goods sector vis-à-vis the United States if, in the future, the US applies countervailing duties on Canadian goods based on a measure...

As with the proliferation of investor-state treaty arbitration, international investment law has been increasingly caught in a “legitimacy” crisis, with concerns looming large over resultant disruptive effects on human rights. Amid existing scholarship seeking to recalibrate the balance...

This chapter builds the case for Delaware, the ‘First State,’ as an important next generation hub for international arbitration practice in the United States. It argues that the international arbitration community should more inquisitively and systematically engage with the state, its body...

This study analyzes the various key decisions of some Latin American jurisdictions where arbitral awards were sought to be enforced and how the awards or arbitral proceedings were treated by the jurisdictions. The Article demonstrated the improvements made and attitudes adopted by national...

This article focuses on fragmentation within international investment law. The problem of fragmentation acquires real significance when investor-State tribunals exceed the scope of their jurisdiction, when they reach conflicting outcomes on the merits of similar disputes, or when the relevant...

The disputes over corporate credit bonds involve a high level of professionalism and a wide variety of parties. Their proper resolution is essential to maintaining the capital market order and protecting market participants’ rights and interests. Arbitration has the advantages of autonomy,...

This paper studies the nonmarket environment and possible nonmarket strategies of Airbus, with a focus on the WTO disputes between the European Union and the United States regarding their subsidies for Airbus and Boeing. The paper studies the institutions involved in transatlantic trade...

This paper seeks to evaluate the current state of provisional measures in investment treaty arbitration, primarily governed under the International Centre for Settlement of Investment Disputes (ICSID). Five elements are evaluated: (1) the binding character of provisional measures, (2) the...

This chapter considers the impact of the case law in investment arbitration proceedings on general international law. The chapter identifies apparent discrepancies between the practices of inter-State courts and tribunals established under general international law, on the one hand, and...

This chapter examines the crisis of the WTO dispute settlement system (DSS) in connection with the blocking of the appointment of new Appellate Body (AB) members by the United States (US). In this context, it investigates the reasons behind this decision and evaluates the reactions of the other...

Arbitration is changing American law and its justice system. Critics argue that arbitration leads to claim suppression. Proponents contend that it is cheaper and less formal. These claims, particularly claim suppression, have not been empirically tested. Whether and how arbitration impacts...

Because of the importance of credit reporting to the consumer finance system, the accuracy of credit reports is a perennial policy concern. Studies have found that a substantial minority of consumers have errors on their credit reports with the three nationwide consumer reporting agencies...

The sinister turn in international law can be defined as the paradox created by successful decolonization efforts when 1) the colonization and decolonization are/were characterized by race, such as in the case of former apartheid states, 2) decolonization reverses the political and legal...

International arbitration is deeply rooted in party autonomy. Parties are free to decide whether they want to resolve their disputes by arbitration at all; how the arbitral proceedings should be conducted; and who their adjudicators should be. While parties to state court litigation may be able to...

Generally, it is a well-settled position of the law that it is only parties to a contract that are imbued with the rights to sue and be sued on the obligations of the contract. Arbitration is the creation of a contract, i.e. consent of both parties can only be invoked by parties or signatories...

One of the unavoidable events of the interactions of the forces of trade is disputes and the global energy industry is no exception. The global energy industry arguably has been noted as the most dispute reddened industry in international business. This therefore arose the need for mechanisms to...

This article examines the Dispute Settlement Mechanism (DSM) under the African Continental Free Trade Agreement (AfCFTA). The aim of the paper is to appraise the DSM within the AfCFTA framework in terms of effectiveness or otherwise of using the DSM when the agreement comes into force. To...

Dispute Resolution mechanism refers to that process used in resolving disputes between two or more parties through various ways for example arbitration, mediation and negotiation. This process is not new and it has emerged after the World War 2 and it is commonly known that it was started in...

Strategic litigation describes the phenomenon of lawsuits brought by civil society actors (activists and NGOs) in order to promote legal, political or social change. Prominent examples are business human rights and climate change litigation, where parallel lawsuits are filed in different fora at...

In light of the brewing sovereign debt crisis on the African continent, this article applies a cost-benefit analysis of the use of international arbitration (both commercial and investor-State) as a mechanism to resolve sovereign debt disputes. It accepts that international arbitration may...

The World Trade Organization (herein WTO) is a global international organization dealing with the rules of trade between nations. At its heart are the WTO agreements, negotiated and signed by the bulk of the world’s trading nations and ratified in their parliaments. The trade agreements...

The lack of effective legal remedies builds barriers before business to consumer (hereinafter B2C) electronic commerce. In this regard, online dispute resolution (hereinafter ODR) mechanisms remedy this need through offering alternative ways to craft a more reliable market by increasing the...

The motivation behind this paper is to analyze how the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (hereinafter ICSID Convention) upholds states sovereignty pursuit through the concept of consent. In doing so, the author shall analyze: the...

The UK has made major contributions to the development of investor-state dispute settlement from 1920-2020. This essay shows that the UK contributed in three ways (1) law-making, both before and after the launch of its investment treaty programme in the early 1970s; (2) dispute settlement –...

Monetizing international arbitration awards has emerged as growing trend, especially post-global financial crisis, when financial markets started to get more attracted by sources of uncorrected returns. When companies win an arbitration award against a State, they may find themselves with the...

Binding dispute settlement, meaning the ability to obtain a final judgment of whether a Member of the World Trade Organization (WTO) has acted inconsistently with its obligations, was the defining attribute of the WTO as created in 1995. Global commerce thrived on having the certainty provided...