ABSTRACT
Traditional views on procedure and due process find their limits in investor-state arbitration. Traditional concepts of obligatory and proprietary claims and rights hit their boundaries when placed in an international context of litigation funding, liability and securitisation. Across disciplines, scholars and practitioners seek new ways of expanding and reconnecting novel products and services such as data and the growing use of international dispute settlement with indispensable constitutional values and democratic process. Assignments of claims receive attention in both a procedural and a substantive context as an important tool and a lubricant of money flows in cross-border investment. They are a test case for the fitness of modern legal systems in the face of challenges such as Brexit and an ever-expanding global market. Such fitness for purpose also benefits from a re-evaluation of contractual relationships formed by the use of standard terms as trade increasingly relies on digital means such as platforms and adhesion contracts. Should unfair terms control be reserved to consumer contracts or does contract law need a shift from a person-centred approach to a transaction-based view? Integrating doctrines of private and public law for the benefit of international commerce and trading is the overarching aim of this chapter and the following chapters of this book.
