Efficient and equitable dispute resolution is key to avoiding systemic disturbance in the use and valorization of top level domain names (TLDs). Such dispute resolution is also important given the increasing number of clashes between TLD providers and managers and between trademark owners and generic (gTLD)-related registrants. ICANN policies/rules form the basis of gTLD-related second level do...

It has long been observed that developing countries made scant use of dispute settlement under the General Agreement on Tariffs and Trade (GATT). Less clear are the reasons for this. Most observers insist that the various GATT reforms that were intended to help developing countries failed to insulate them from the “power politics” of the system (Kuruvila, 1997). Not surprisingly, many of these ...

fork in the road clauses and waiver clauses in investment treaties are supposed to minimize the number of parallel proceedings in foreign investment disputes. while, fork in the road clauses preclude investors from further litigation or arbitration once the first dispute settlement mechanism is triggered, in waiver clauses, domestic litigation can be followed by treaty arbitration regarding the...

This article seeks to explain recent decisions by countries terminate their existing bilateral investment treaties (BITs) and revisit commitment future international agreements (IIAs). It argues that BITs, transnational corporations (TNCs), host States arbitration institutions form a decentralized system of global governance foreign direct (FDI), based on insights from the fields political econ...

This research article explores aligning and optimizing dispute resolution mechanisms in international law, particularly within the World Trade Organization (WTO) Investor-State Dispute Settlement (ISDS) contexts. Addressing challenges arising from "spaghetti bowl effect" of multiple treaty regimes, it examines interplay between WTO ISDS systems, aiming for harmonization reduced jurisdictional i...

one of the most important changes in the judicial system of iran was the establishment of dispute settlement councils in 1381. before this date, judgment and solving the disputes was being carried out only in official juridical centers. after establishing the councils, rural and urban communities welcomed those institutes that were in charge of judging some part of citizen’s problems. in this p...

Reflections on the progress of the WTO over the last two decades highlights low developing country participation in its dispute settlement system as a fundamental failing of the multinational trading system. Recurrently, this low participation rate has been attributed to the cost of the WTO’s legalistic model in Panel and Appellate Body proceedings, creating a concern of bias. Yet, by focussing...