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Increased Relevance and Uptake of Arbitration Regimes in Developing Countries - Chapter 23 - Revolution in the International Rule of Law: Essays in Honor of Don Wallace, Jr.

Author(s): 
Pierre Guislain
Page Count: 
20 pages
Media Description: 
1 PDF Download
Published: 
October, 2014

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Originally from Revolution in the International Rule of Law: Essays in Honor of Don Wallace, Jr.

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I. Abstract

This article argues that the importance of commercial arbitration
regimes is increasing, as governments try to address and mitigate
investor risk at a time when competition to attract foreign direct
investment ("FDI") continues to grow. The article uses original World
Bank Group data to illustrate the importance of commercial arbitration
regimes for foreign investors. It then describes recent arbitration reforms,
and discusses World Bank Group technical assistance to developing
countries that strengthens their arbitration frameworks and introduces
faster and less expensive mediation alternatives.
 
II. Introduction
 
Consider the following situation, which arose from the now
infamous Bechtel arbitration. A multinational corporation, International