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Articles on Arbitration

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Fossil fuel investors can use an obscure legal mechanism found in many international trade agreements to sue countries if their projects are blocked. curraheeshutter via Shutterstock

A secretive legal system lets fossil fuel investors sue countries over policies to keep oil and gas in the ground – podcast

Experts are concerned that a legal mechanism called investor-state dispute settlement could affect countries’ moves to cut fossil fuel emissions. Listen to The Conversation Weekly.
House painter Emanuel Chisiya and other jobseekers wait for casual jobs work offers on the side of a road in Cape Town. EPA-EFE/Nic Bothma

Why formal employment is not a guaranteed path to social equality

Many formal sector jobs are increasingly precarious and poorly paid, meaning that formal work is not an avenue to greater social equality for many people.
Neil Gorsuch signs the constitutional oath after Chief Justice Roberts administered it in a private ceremony on April 10. Franz Jantzen/Public Information Office Supreme Court of the U.S. via AP

What Gorsuch’s conservative Supreme Court means for workers

With Neil Gorsuch’s appointment to the high court, conservatives regain their 5-4 majority, which will likely benefit employers over workers.
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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