Strategic Litigation in inter-State Arbitration

Part of the Strategic Litigation lecture series

‘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 and there is. Professor Dr. Christian J. Tams (Glasgow Center for International Law and Security) will explain why.

Professor Mehrdad Payandeh (Bucerius Law School) and Professor Holger Hestermeyer (King’s College London) cordially invite you to the next event of the ongoing Strategic Litigation lecture series on Strategic Litigation in inter-State Arbitration by Professor Christian J. Tams. ‘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.

Christian J. Tams is Professor of International Law at the University of Glasgow where he directs the Glasgow Centre for International Law & Security. An academic member of Matrix Chambers, he is frequently instructed in inter-State and investment disputes, and in recent years, has acted in proceedings before the International Court of Justice, the Iran-US Claims Tribunal and arbitral tribunals. He studied law at the universities of Kiel, Lyon III and Cambridge (LLM, PhD), and is a qualified German lawyer (admitted in 2005). His scholarship focuses on questions of dispute settlement, investment law and State responsibility.

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