International Commercial and Investor-State Arbitration

Luke Nottage, Professor of Comparative and Transnational Business Law, University of Sydney Law School, and Special Counsel, Williams Trade Law, Australia

Contents: Preface and acknowledgements 1. In/formalisation and glocalisation tensions in international arbitration PART I INTERNATIONAL COMMERCIAL ARBITRATION IN JAPAN AND AUSTRALIA 2. The vicissitudes of international commercial arbitration and the lex mercatoria : a view from the periphery 3. The procedural lex mercatoria : the past, present and future of international commercial arbitration 4. Japan’s Arbitration Law of 2003: early and recent assessments 5. International commercial arbitration in Australia: what’s new and what’s next? PART II CROSSOVERS FROM INTERNATIONAL COMMERCIAL TO INVESTOR-STATE ARBITRATION 6. In/formalisation and glocalisation of international commercial arbitration and investment treaty arbitration in Asia 7. A weather map for international arbitration: mainly sunny, some cloud, possible thunderstorms 8. Confidentiality versus transparency in international commercial arbitration and investor-state arbitration in Australia and Japan PART III INVESTOR-STATE ARBITRATION AND INTERNATIONAL INVESTMENT TREATIES 9. Throwing the baby out with the bathwater: Australia’s 2011–2013 policy shift against treaty-based investor-state arbitration 10. Investor-state arbitration: why not in the Japan–Australia Free Trade Agreement? 11. Investor-state arbitration policy and practice in Australia 12. Conclusions: beyond the pandemic – towards more global and informal approaches to international arbitration Index