On 28th October at 5pm Prof. Christian Tams will speak on ‘Strategic Litigation in inter-State Arbitration’ at Bucerius Law School.
The talk is part of a series of presentations assessing the role of strategic litigation before international courts and tribunals, organised jointly by Bucerius Law School and King’s College London.
‘Arbitration is a private initiative’, leading commentators tell us, based on the parties‘ choice of an ‘informal and essentially consensual system of dispute resolution‘.
If statements like these properly characterised contemporary inter-State arbitration, there would be no real room in it for strategic litigation. But they do not (properly characterise contemporary inter-State arbitration), and there is (real room for strategic litigation). This presentation explains why. It illustrates how States, in recent years, have begun to use arbitration as an instrument to advance strategic goals. And it outlines limits of strategic inter-State arbitration, arguing that it will likely remain on the fringes of the strategic litigation debate.”