How to Promote a Fair and Culturally Sensitive use of Commercial and Investment Arbitration
Overview
The “Decolonizing Arbitration” Research Unit explores critical issues surrounding international commercial and investment arbitration through a culturally sensitive and interdisciplinary perspective.
The project aims to contribute to a more balanced and equitable legal environment between developed and developing countries, while preserving the effectiveness of arbitration as a mechanism for international dispute resolution.
The research particularly focuses on:
- environmental protection
- workers’ rights
- cultural heritage
- access to justice
- diversity and gender equality in the legal profession
- sustainable approaches to international investment
Research Objectives
The project seeks to:
- identify structural criticalities in international arbitration systems
- promote culturally sensitive approaches to arbitration
- strengthen legal capacity in developing jurisdictions
- support fair access to dispute resolution
- encourage diversity within arbitration communities
- foster interdisciplinary international cooperation
The project aims to achieve these goals without undermining the protection of investors’ rights or the capacity of countries to attract foreign investment.
Research Unit
Giorgio Fabio Colombo
Professor of Law at the Graduate School of Law, Nagoya University.
Director of the Research Unit “Decolonizing Arbitration”.
Research interests include:
- arbitration
- ADR
- comparative private law
- legal cultures
- law and literature
He previously served as advisor to the Judicial Academy of the Islamic Republic of Pakistan and taught arbitration at UC Berkeley.
Dai Yokomizo
Professor of Law at Nagoya University Graduate School of Law.
His research focuses on:
- private international law
- comparative law
- globalization and law
- internet law
- sports law
He is Associate Editor of the Japanese Yearbook of International Law.
Yoshiko Naiki
Professor at Graduate School of Environmental Studies, Nagoya University.
Her work focuses on:
- WTO law
- environmental regulation
- food safety standards
- governance systems
- public-private partnerships
She previously worked at the WTO dispute settlement section of the Ministry of Economy, Trade and Industry of Japan.
Mana Takahashi
Lecturer at Kanda University of International Studies.
Research interests include:
- law and development
- legal pluralism
- access to justice
- rule of law assistance
- project management
She previously worked with IBM Japan and UNCITRAL Asia-Pacific Regional Centre.
International Cooperation
The project collaborates with researchers, institutions and practitioners across Asia, Europe and North America.
Country referees and collaborators are active in:
- Cambodia
- Malaysia
- Mongolia
- Pakistan
- Thailand
- Vietnam
The network encourages knowledge exchange between jurisdictions where arbitration systems are rapidly evolving.
Scientific Committee
The Scientific Committee includes internationally recognized scholars and practitioners in arbitration, dispute resolution and comparative law.
Participants include:
- Shahla Ali
- Tony Andriotis
- Filip Balcerzak
- Joshua Karton
- Livia Holden
The committee contributes to the development of international dialogue on diversity, legal culture and institutional reform in arbitration practice.
Research Activities
The project organizes:
- webinars
- workshops
- lecture series
- international conferences
- collaborative publications
- training initiatives
Topics addressed include:
- gender inequality in arbitration
- online dispute resolution
- sustainable diversity
- investment arbitration
- access to justice
- legal pluralism
- arbitration reform in developing countries
Sustainable Diversity in Arbitration
One major initiative explored the concept of “sustainable diversity” in international arbitration.
The project examined diversity across:
- demographics
- legal traditions
- cultures
- methodologies
- institutional practices
The initiative encouraged reflection on how arbitration can evolve beyond homogeneous and Western-centric frameworks.
Educational Outreach
The project actively supports younger researchers and emerging practitioners through:
- lectures
- public webinars
- collaborative research
- mentoring opportunities
- international academic exchange
Special attention is given to scholars and practitioners from jurisdictions where arbitration remains under development.
Publications and Events
Selected activities include:
- UNCITRAL Asia Pacific Day
- Decolonizing Arbitration Lecture Series
- ISDS and Energy Law Webinar
- Sustainable Diversity in International Arbitration Conference
- Regional arbitration workshops in Asia
The project also publishes reports, conference materials and collaborative academic outputs.
Philosophy
The project approaches arbitration not merely as a technical legal instrument, but as a cultural and institutional practice shaped by history, power structures and social realities.
Its long-term objective is to contribute to a more inclusive and globally representative arbitration ecosystem.
Institution
Nagoya University
Graduate School of Law
Japan
Contact
Research Unit “Decolonizing Arbitration”
Nagoya University Graduate School of Law
Professor Giorgio Fabio Colombo
colombo@law.nagoya-u.ac.jp
