Dias Simões, Fernando, A Dispute Resolution Centre for the BRICS? (June 2017). in Rostam J. Neuwirth, Alexandr Svetlicinii and Denis de Castro Halis (eds.), The BRICS-Lawyers’ Guide to Global Cooperation (Cambridge University Press, 2017 Forthcoming).

A Dispute Resolution Centre for the BRICS?

Fernando Dias Simões

Abstract

Over the last decades, international arbitration has become the foremost technique for resolving disputes between states, individuals and corporations. The expansion of the market for international arbitration is evidenced by the multiplication of arbitral institutions around the world. Some of these institutions specialize in certain types of disputes, focusing on specific markets or trade networks. The BRICS governments are currently discussing the establishment of an arbitral institution for the resolution of commercial and investment disputes among the BRICS nations. The creation of a specialized arbitral institution may be beneficial for disputing parties if the dispute settlement mechanism suits their particular socio-economic idiosyncrasies and legal needs. This article discusses how a BRICS-centered arbitral institution should be structured to cater to the needs and expectations of its end-users.
Full Paper
Fernando Dias Simões
Senior Research Associate

Professor Dias Simões is Associate Professor at the Faculty of Law of the Chinese University of Hong Kong (Hong Kong, China)

Summary

Over the last decades, international arbitration has become the foremost technique for resolving disputes between states, individuals and corporations. The expansion of the market for international arbitration is evidenced by the multiplication of arbitral institutions around the world. Some of these institutions specialize in certain types of disputes, focusing on specific markets or trade networks. The BRICS governments are currently discussing the establishment of an arbitral institution for the resolution of commercial and investment disputes among the BRICS nations. The creation of a specialized arbitral institution may be beneficial for disputing parties if the dispute settlement mechanism suits their particular socio-economic idiosyncrasies and legal needs. This article discusses how a BRICS-centered arbitral institution should be structured to cater to the needs and expectations of its end-users.

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