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Balancing Substantive Fairness and Procedural Efficiency: An Analysis of the ISDS Appeal Mechanism Under the Rules of Bei**g International Arbitration Center
Investor-state dispute settlement (ISDS) faces a profound legitimacy crisis. Establishment of an ISDS appeal mechanism is an important reform option...
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UNCITRAL Arbitration Model Law
This chapter discusses the history of the United Nations Commission on International Trade Law [UNCITRAL] Model Law on Arbitration (the Model Law)....
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Criticisms of Investor-State Arbitration
This Chapter examines the fundamental issue whether investor-State dispute settlement (‘ISDS’) is a balanced system. It reports the caseload...
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Enforcement of Arbitration Award
Generally a winning party who is looking to enforce an arbitration award is most likely to rely on the provisions of the New York Convention of...
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From Sagen to Henriques: Legal Challenges to Olympic Event Selection Decisions and the Role of the Court of Arbitration for Sport
The interests of athletes are a fundamental aspect of the Olympic Movement. Yet, athletes face jurisdictional barriers when attempting to advance...
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Adaptability of Investor-State Arbitration
This Chapter focuses on the main reason for the widespread success of investment arbitration beyond neutrality: its adaptability. It discusses the...
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Commercial Arbitration
Commercial arbitration is considered a confidential means of resolving contractual disputes of a commercial nature between private parties. Yet,...
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Smashed vials, fair trials? Sun Yang and procedural fairness at the court of arbitration for sport
In World Anti-Do** Agency v Sun Yang & Fédération Internationale de Natation ( Sun Yang ), the Court of Arbitration for Sport (CAS) sanctioned...
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Rethinking Investor-State Arbitration
A significant increase in investor-State arbitration cases has been observed since the 2000s. The trust placed by investors and States in this method...
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Public Policy in International Arbitration Law
This chapter introduces the general legal framework of the ground of public policy in arbitration law by reviewing the legal schemes that define...
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Arbitration Practice of the Pilot Free-Trade Zone
Since the pilot free trade zone has been given greater reform autonomy and increased level of opening up, should the agreement between business...
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Constitution, Courts and Arbitration
Because courts must give weight to precedent, they cannot consider new arguments for revising the common law purely on grounds of justice....
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“Competition Law in Arbitration Proceedings [Kartellrecht im Schiedsverfahren]”
Arbitral awards are subject to full factual and legal review by the ordinary court with regard to the application of Secs. 19 to 21 of the...
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Legitimacy in Investor-State Arbitration
This Chapter examines the criticisms of the legitimacy of investor-State arbitration moved by some experts, exacerbated by the inherent fragmentation...
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Consistency in Investor-State Arbitration
This Chapter looks at the question of the consistency of the investor-State arbitration system, which has raised concern among some researchers:...
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Overview of China’s Practice in Applying Public Policy in Arbitration Law
This chapter reviews the general and specific aspects of the Chinese legal system and provides the necessary context for detailed discussion in...
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Protecting human rights in sport: is the Court of Arbitration for Sport up to the task? A review of the decision in Semenya v IAAF
In light of observed deficiencies in democratic accountability of SGBs (Freeburn, Regulating international sport, power, authority and legitimacy,...
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Fundamentals of International Arbitration
This Chapter further analyses the fundamentals of international arbitration, and considers further the different structures and dynamics of...
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Assessing Credibility in Online Arbitration Hearings: Determining Facts and Justice by Zoom
The COVID-19 pandemic has led to the widespread use of online hearings in arbitral proceedings, raising questions about the impact of such...