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Reforming Arbitration Reform: Emerging Voices, New Strategies and Evolving Values

Reforming Arbitration Reform: Emerging Voices, New Strategies and Evolving Values

Author: Mark Feldman; Crina Baltag
Publisher: Kluwer Law International
ISBN: 9789403543277
Published In: February 2025
Format: Hardback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: RMB 1,610.57

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Description
Contents

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Reforming Arbitration Reform is a book comprising an in-depth discussion of current and upcoming reform efforts in both commercial and investment arbitration providing a thorough examination of how evolving values of diversity, inclusiveness, and sustainability are impacting the very nature of the field. The credibility of international arbitration is under scrutiny. Today, arbitration faces a wide array of regulatory sources and critical voices that appear to undermine the core interests of arbitration users and the arbitration community.

What’s in this book:

Recognizing the imperative need to critically evaluate how these new strategies and voices can usher in a new age of international arbitration, over thirty eminent practitioners and academics offer invaluable perspectives on such aspects of the subject as the following:

conflicts of interest and ethical dilemmas;
gender diversity;
alleged instances of judicial overreach;
third-party funders;
role of professional organizations;
intersections between investment law and race, environmental protection, and indigenous peoples;
role of developing states; and
increasing importance of regionalism
There is a special focus on a number of countries and regions that have been most active in reform measures, including Latin America and the Caribbean, the MERCOSUR and ASEAN groups, the European Union, Brazil, and China.

The contributions are based on papers presented at the 20th ITA-ASIL Conference which took place on 29 March 2023 in Washington DC.

How this will help you:

Given that demands for arbitration reform come from varied perspectives that need to be harmonized, the active engagement of key stakeholders of the arbitration process in reform projects is essential in order to ensure that reforms are meaningful and successful. Therefore, the book will be invaluable to both arbitration users and regulators as it offers a comprehensive understanding of how emerging voices are advancing reform of the international arbitration practice area.

Introduction: Reforming Arbitration Reform: The Need for Addressing the Legitimacy of International Arbitration Through the Lenses of Emerging

Voices, New Strategies, and Evolving Values

Crina Baltag & Mark Feldman 1

CHAPTER 1. Arbitration Reforms for What Reason? Some Fundamental Introductory Remarks

Loukas Mistelis

CHAPTER 2. Reforming the Reform? Taking Intersectionality Seriously

Hélène Ruiz Fabri & Edoardo Stoppioni

CHAPTER 3. The International Judicial Function: Criticisms and Corrective Mechanisms

Laurence Boisson de Chazournes, Lorenzo Palestini, Guillaume Guez Maillard & Aditya Laddha

CHAPTER 4. Third-Party Funding in the Era of Arbitration Reform and ESG: What Lies Ahead?

Lucas Macedo & Alice Fremuth-Wolf

CHAPTER 5. The Role of Developing States in International Investment Arbitration

Margie-Lys Jaime

CHAPTER 6. Small (Island) States and International Dispute Resolution

Petra Butler

CHAPTER 7. Maintaining Speed: Promoting and Advancing Gender Diversity in International Arbitration

Carolyn B. Lamm & Jennifer A. Ivers

CHAPTER 8. Addressing Diversity in International Arbitration

Kabir Duggal & Kevin W. Gray

CHAPTER 9. The Role of Professional Organizations in International Arbitration: International Bar Association

Chiann Bao & Amr Omran

CHAPTER 10. Why Dispute Resolution Institutions Must Be Governed with a Purpose, and Why They Must Continuously Reform Themselves

Maria Fernanda Garza & Michael McIlwrath

CHAPTER 11.

Intra-continental Trade: Catalyst for New Voices in Regional Institutions in Latin America and the Caribbean

Daniel Ávila II

CHAPTER 12. Regionalization of Bilateral Investment Treaty Practice in Latin America: The Case of Brazil’s ACFIs and the MERCOSUR Investment Protocol

Facundo Perez-Aznar

CHAPTER 13. ASEAN Centrality in Investment Arbitration Rulemaking

Jeffrey (Chieh) Lo & Pasha L. Hsieh

CHAPTER 14. Managed Diversity along the Legal Silk Road: The ASEAN-Asia Relationship and International Arbitration

Mark McLaughlin & Dilini Pathirana

CHAPTER 15. The Evolving Role of the European Union in International Investment Policy Reforms: Challenges, Achievements, and Future Directions

Federico Ortino

CHAPTER 16. Modernization of Arbitration in China: Recent Developments of Laws, Institutions and Practices

Manjiao Chi & Zongyao Li

CHAPTER 17. Foreign Investment Protection in the Context of MERCOSUR

Eduardo Grebler & Filipe Greco

CHAPTER 18. Preserving Perspectives: International Arbitrators in Their Own Words: Meg Kinnear Interviewed by Professor Andrea Bjorklund at the 20th

ITA-ASIL Conference

Meg Kinnear, Andrea K. Bjorklund, Anamaria Marin & Filippo Zuti

CHAPTER 19. The Future of International Arbitration: Evolving Values

Victoria Shannon Sahani

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