The stream of International Dispute Settlement examines a spectrum of options for resolving international dispute settlement, including negotiation, mediation, international commercial arbitration, international investment arbitration, and international commercial courts.
International dispute settlement is now intermingled with other areas of substantive law, such as human rights law, environmental law, intellectual property law, and investment law. The stream intends to engage with a broader group of scholars and take an interdisciplinary approach to deal with the tension between public and private, state and non-state, formal and informal spheres.
The stream leader Professor Fan is currently leading a project on Investment Arbitration and Sustainable Development, funded by Bird & Bird. The project will identify both barriers and opportunities for mainstreaming sustainable development goals into investment treaties and investor-state arbitration. In line with the recent move from investor protection to investor responsibilisation, the project will examine the current status in existing investment treaties incorporating sustainable development clauses (with a particular focus on China and the Asia-Pacific Region), explore new ideas and approaches to re-balance the rights and obligations of investors and states, and to enhance the sustainable development dimension of the investment treaties and investor-state arbitration.
The stream leader Professor Fan is a co-chair of working group 3 of the Mixed Mode Task Force, a combined effort by the College of Commercial Arbitrators (CCA), the International Mediation Institute (IMI), and the Straus Institute for Dispute Resolution, Pepperdine School of Law. The Task Force examines and seeks to develop model standards and criteria for ways of combining different dispute resolution processes that may involve the interplay between public or private adjudicative systems (e.g., litigation, arbitration, or adjudication) with non-adjudicative methods that involve the use of a neutral (e.g., conciliation or mediation), whether in parallel, sequentially or as integrated processes, which the Task Force has called ‘Mixed Mode Scenarios.’ The full draft of the working groups’ report is available here after a series of online public consultations.
CIBEL member Associate Professor Kun Fan recently presented on ‘Digitalization of Dispute Resolution in China’ at the 2021 Nordic-Asia Forum for International Economic Law in Copenhagen on 11 November.
CIBEL member Emeritus Professor Trakman released a chapter on ‘Resolving the Tension Between State Sovereignty and Liberalizing Investor-State Disputes: China’s Dilemma’ in the Handbook of International Investment Law and Policy.
This panel explored the ongoing efforts of ISDS reform from different institutions (including ICSID, UNCITRAL Working Group III on ISDS Reform) and probes public opinion on ISDS through behavioural experiments.
CIBEL is proud to announce that our very own member Associate Professor Kun Fan is one of twenty-three members of the UNSW Law & Justice community that has made it to the finalist list for the annual Australian Law Awards.
CIBEL member Dr Weihuan Zhou was invited by the Centre for Trade and Investment of India to speak on "The Future of Subsidy Regulation at the WTO" in Session 23 of the Geneva Trade Week on 30 September 2020.