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Inequality of Bargaining Power and Arbitration: The Tale of Uber
The practice of arbitration has been expanding outside the commercial circle, reaching ‘new disputes’ that used to be decided by courts. The novelty...
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Venezuelan Investment Arbitration Experience: From Unilateral Termination of Dutch Treaty, the Denunciation of ICSID Convention to Its Continued Participation as Respondent State in Investment Arbitration
In the first decade of the twenty-first century, Bolivia, Ecuador, and Venezuela decided to denounce the Convention on the Settlement of Investment...
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Aristotle on Arbitration, Forgiveness and Rational Dialogue
This chapter will discuss whether Aristotle’s analogy between philosophical argumentation and arbitration is practically clarifying. In Nicomachean...
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Who Has to Be Technologically Competent in Arbitration?
This chapter reflects on the role assigned to legal assistants in contemporary arbitration and the level of digital competence required from them. It...
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Lost in translation? The European Convention on Human Rights at the Court of Arbitration for Sport
The Court of Arbitration for Sport (CAS) is not known as a human rights court. Instead, its primary focus is on applying and interpreting the...
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AAI National Authority Management Arbitration
An agreement to arbitrate is purely a submission of the dispute to arbitration forum rather than a judicial forum. Thus, parties’ agreement to...
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Tashkent International Arbitration Centre at the Chamber of Commerce and Industry of Uzbekistan: Taking Stock on Its Fourth Anniversary
The Tashkent International Arbitration Centre (‘TIAC’) was founded in 2018 to put Uzbekistan on the global arbitration map. This article first...
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Public Policy in the Form of Public Policy Rules
This chapter explores the influence of mandatory rules on the approaches adopted by the Chinese judiciary. Section 2 distinguishes the role of...
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State Immunity and International Arbitration in Sweden
The question of State immunity and international arbitration is not a new issue. It has been addressed by practitioners and scholars alike on many...
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Judicial Review of Arbitration Agreement: General
In China’s arbitration practice, if there is no arbitration agreement, in principle, the arbitration institution will not accept the corresponding...
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Disciplining Rules? Compliance, the Rules of Interpretation, and the Evaluative Dimension of Articles 31 and 32 of the VCLT
In what way do Articles 31 and 32 of the VCLT constitute ‘rules’ of interpretation? In this article, I explore whether these provisions might be...
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The Nature of Guerrilla Tactics in International Arbitration
A definition of guerrilla tactics in international arbitration is offered and thereafter adopted throughout for the purposes of this book. Next, we...
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Arbitration Institution and Place
In a commercial arbitration system, it is necessary to determine the nationality of an award because only those allowed by the domestic law of a...
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Alternative Dispute Resolution Rules in the Rural Land Laws of Ethiopia from Access to Justice and Women’s Land Rights’ Lens
Land is a constitutional issue in Ethiopia. Article 40 of the FDRE constitution enshrines governing provisions about rural and urban land....
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Investor-State Arbitration and European Union Law
This Chapter examines the relationship between investor-State arbitration and EU law. It discusses how the EU and its Member States strove for the...
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Abaclat v. Argentine Republic: When Investment Arbitration Met Mass Claims
Investment arbitration and mass claims normally operate in two different worlds. In an investment arbitration, a claim is brought by an investor...
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The Legal Basis of Courts and Arbitration
ADR boom is motivated by concerns about efficiency, access and justice. Arbitration’s popularity has continued to flourish since Biblical times....
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Enforcing Emergency Arbitral Awards: Global and Indian Perspectives
Due to the increasing recognition and significance of emergency arbitration (EA) in the business and trade community in recent decades, almost all...
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Equality and Asymmetry in Treaty-Based Investment Arbitration: Counterclaims by Host States
This contribution addresses the topical issue of the host State’s right to submit a counterclaim in treaty-based investment arbitration in light of...
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Main China Arbitration Institutions and Judicial Review Decisions
In recent years, arbitration in China has entered the stage of rapid development. In 2017, 253 arbitration institutions in China accepted 239,360...