Articles on Arbitration

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Bilateral investment treaties are stacked in favour of developed countries, the main sources of foreign direct investment. Reuters/Tiksa Negeri

Why developing countries are dumping investment treaties

More developing countries are getting out of bilateral investment treaties that favour investors, seeking a framework that allows host states to regulate investment in line with their public policies.
The heart of the matter. The container port at Long Beach. sunslate

Europe faces weapons of legal destruction in USA trade talks

Efforts to build a more effective trading regime between Europe and the USA can reasonably be called positive, both for growth and the ease of doing business. Currently, however, negotiations include proposals…
By allowing ISDS clauses in the Trans-Pacific Partnership Agreement Australia could be opening the door to more legal challenges from corporations. mattyp_/Flickr

When trade agreements threaten sovereignty: Australia beware

The leaking of a key Trans-Pacific Partnership document by Wikileaks this week suggests Australia may side with the US on some key issues including the insertion of an Investor-State Dispute Settlement…
Alternative dispute resolution grew out of a desire to stay out of court. AAP

Do you need your day in court? The evolution of dispute resolution

As satisfying as it may seem to announce that you’ll see your adversary in court, a good lawyer may be duty bound to tell you otherwise. Nowadays, the range of alternatives to litigation are so well developed…
International examples show that quicker access to arbitration could have avoided the drastic action taken by Qantas chief Alan Joyce. AAP

Qantas case shows the need for interest arbitration

As the Qantas dispute moves into the arbitration phase in Fair Work Australia (FWA), it is timely to consider whether the tests for access to arbitration under the Fair Work Act need refining. Prompted…

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