Burning The Idols Of Non-Arbitrability: Arbitrating Administrative Law Disputes With Foreign Investors - Aria Vol. 12 No. 1 2001

Shane Spelliscy
Page Count: 
25 pages
January, 2002
Author Detail: 

 Shane Spelliscy - J.D. Candidate, Columbia University School of Law 2002. This Note is a revised version of a paper submitted in the seminar on International Commercial Arbitration at Columbia Law School.

1 Four types of transitioning societies are particularly relevant to the use of arbitration in place
of the judicial system for solving public law disputes: societies transitioning from military to civilian
governments, societies involved in the process of peace building after a period of civil strife,
societies transitioning from a central economy to a market economy and societies which are
emerging as states in the international system. See Anthony Wanis-St. John, Implementing ADR in
Transitioning States: Lessons Learned From Practice, 5 HARV. NEGOTIATION L. REV. 339, 339
(2000). For the most part, the problems faced by transitioning states are similar to those faced by
developing states, and, unless otherwise noted, and I will discuss the problems facing these societies