By Lawrence W. Newman, 113 Penn St. L. Rev. 1323.
In spite of manifold expressions of enthusiasm for it, international arbitration is not universally accepted as a means of resolution of international commercial and investment disputes. According to a recent survey, there are as many businesses that mostly use transnational litigation as there are that mostly use international arbitration. Many of these businesses may have encountered few disputes because of the way their commercial activities are conducted, and others may be able to resolve incipient disputes through negotiation, perhaps involving further commercial arrangements between the parties . . . [ keep reading]