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The Protection of the Environment Through Inter-State Arbitration
The present chapter assesses the treatment of procedural issues in inter-State arbitrationsInter-State arbitrations relating to environmental...
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What Is Technological Competence in the Current Arbitration World?
This chapter is based on a range of sources including studies carried out by international organizations, documents endorsed by professional...
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State aid and international investment arbitration: the Micula case – taking stock in an ongoing saga
The European State aid rules play an increasingly important role in investor-state arbitration, both arising as a substantive issue as well as a...
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AI in Arbitration and Courts
The litigation explosion had a destructive impact on the model of justice to which society was traditionally linked. Arbitration as a co-equal and...
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The Past, Present, and Future of Investor-State Arbitration in East Asia
It is not easy to detect East Asia’s presence in the field of investor-state dispute settlement (ISDS), despite its large economy. In addition to...
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Mandatory arbitration as a possible future for sports arbitration: the Portuguese example
Arbitration of sports conflicts is not an unknown ground in the international sports law field. Nowadays, CAS’ is an important actor and its...
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The Defaulting State, the Appointing Authority, and the Judges in the South China Sea Arbitration
China criticized the Arbitral Tribunal for not representing the major civilizations and the principal legal systems of the world. This critique is...
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Mechanisms to Control Guerrilla Tactics in International Arbitration
This chapter provides an overview of the sanctions available to arbitral tribunals, as well as touching on how arbitral institutions, courts, and bar...
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Taming the Guerrilla in International Commercial Arbitration Levelling the Playing Field
The book explores the definition and nature of guerrilla tactics in international commercial arbitration. It analyses various such tactics deployed...
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The Defaulting State and Fact-Finding in the South China Sea Arbitration
Fact-finding poses a major challenge to international courts in cases of default. Like the International Court of Justice, the Tribunal took...
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Application of Public Policy in Judicial Review of Arbitration
In practice, the parties will exhaust all reasons to defend against the applicant's revocation, non-recognition and non-enforcement of the arbitral...
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Return to Contract-Based Arbitration as a Possible Response to Achmea
The Achmea ruling marked the end of treaty-based intra-EU arbitration. Apart from an increasing recourse to state courts, the extinction of the BIT...
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Why Is Technological Competence in Arbitration Important from a Legal and Financial Point of View?
This chapter explains why technology is currently one of the most trusted resources for achieving rapid and cost-effective resolution of conflicts,...
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The Defaulting State and the Experts in the South China Sea Arbitration
The Philippines presented complex scientific and technical evidence, through expert reports and expert witnesses, on the status of maritime features,...
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Courts’ Engagement in Arbitration Under US, English, Belgian and Greek Law
Modern arbitration statutes allow courts to supervise the arbitral process on the basis of the enforceability of the arbitral agreement and award....
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Langue and Parole of Investment Law
This article identifies the principal signs forming the language of investment law and arbitration, isolating for each of them its signifier and its...
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Courts and Arbitration Advancements
ADR merely institutionalizes a system of multi-party bargaining in which third-party neutrals assist disputants ascertain individual interests. The...
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Curbing Guerrilla Tactics in International Arbitration: A Critical Review of Solutions and Directions
This chapter offers recommendations on how to combat the use of guerrilla tactics in international arbitration.
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Environmental Protection in International Investment Arbitration: From Defences to Counterclaims
This chapter examines how environmental protection has been invoked as basis for host State defencesDefence against investor claims, host State...