Arbitration has long been the dispute resolution method of choice for transactions that cross international borders.
While its use has traditionally been prevalent in construction, infrastructure and natural resources transactions, it is increasingly popular in sectors that might previously have opted for litigation, including big tech, the pharmaceutical industry, and banking and finance. It is also progressively adopted by parties involved in M&A and other corporate transactions.
The Introduction to Arbitration: A User's Guide (Second Edition) has been developed to help users of arbitration understand the fundamental tenets of this dispute resolution method, avoid the common pitfalls when drafting arbitration clauses, and successfully navigate the lifecycle of an arbitration.
Relevant to foreign investments, the Guide also provides an introduction to protections and dispute resolution mechanisms available under investment treaties, many of which enable investors to recover damages in arbitration directly against the states in which they invest in the event state measures adversely affect their investment.
The Second Edition includes updates on recent case law and developments in Australia, as well as a new chapter on confidentiality.
You can access a copy of Introduction to Arbitration: A User's Guide here
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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