In an article published in the Indian Review of International Arbitration, Senior Associate Xiaohan Cai proposes that international arbitration should be the primary mechanism for resolving claims arising from nuclear damage for both States and the nuclear industry.
Excerpt: "Even amongst the 67 States that are party to at least one nuclear liability convention, not all States have uniformly ratified or acceded to the same conventions. And, even amongst those 67 States, there are differing levels of compliance with the terms of the nuclear liability conventions. The result is a 'patchwork of diverse legal regimes,' with discrepancies across the Convention and non-Convention States alike on matters such as the maximum and minimum amount of liability that operators can be liable for, and the categories of compensable 'nuclear damage.'”
