Since the 1990s, western, developed countries have moved away from rule-making and standard-setting in multilateral intergovernmental organisations and have increasingly collaborated on those matters in clubs of developed countries, such as trans-governmental regulatory networks. Although clubs often generate rules or standards that affect developing countries, the latter have not had a voice in rule-making, resulting …
Although dispute settlement mechanisms providing for compulsory referral to a third party are rarely used, their presence can, and usually do, have a major underlying influence over the actions of States, which are typically anxious to avoid lengthy and expensive dispute settlement procedures. We undertook a quantitative analysis of the dispute settlement mechanisms of 236 …
The Dispute Settlement Mechanisms in Major Multilateral Treaties Read More »
Investor-State arbitration is a controversial topic, so much so that trade agreements have sparked debate and protests around the world, including in countries whose investors are frequent users of investor-State dispute settlement (ISDS). While many disputes apparently are settled, there is growing interest in encouraging more settlement. Against this backdrop, the International Dispute Resolution team …
Report: Survey on Obstacles to Settlement of Investor-State Disputes Read More »
