International Arbitration: Quo Vadis?

Author: Ben Beaumont; Alexis Foucard; Fahira Brodlija
Publisher: Kluwer Law International
ISBN: 9789403517667
Published In: December 2022
Format: Hardback
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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About this book:

International Arbitration delves into policy and procedural developments in commercial arbitration, investor-State arbitration and the WTO, providing insights into most recent reforms and trends. In the spirit of Pieter Sanders’s classic Quo Vadis Arbitration? (1999), this far-reaching overview of the state of international arbitration thoroughly assesses the current condition and prospects of arbitration and conciliation with practical, insightful solutions to the new and emerging problems confronting arbitration practice today.

What’s in this book:

A distinguished group of internationally renowned arbitrators, academics, and lawmakers elucidate the ubiquitous evolution towards increased technical complexity, the need for multi-focal and multi-cultural approaches, and the tension between desirable simplicity and required precision that has come to characterize current arbitral practice and procedure. Among the topics covered are the following:

remote hearings;
reliance on digital technology;
cost of arbitration in a post-COVID world;
extension of the arbitration agreement to non-signatories;
tailoring of ADR techniques to suit the needs of micro, small, and medium-sized enterprises;
jurisdictions emerging as new arbitration hubs, e.g., Delaware, the Caribbean, and Scotland;
evolution of a code of conduct for adjudicators in investment disputes; and
the reform of bilateral investment treaties.

As Sanders’s 1999 book did at the time, the chapters identify specific improvements and refinements to the entire system as it has developed over recent decades.

How this will help you:

Traversing the development path of international arbitration and touching upon key procedural trends, the book will be a go-to resource for the arbitration community worldwide as a stocktaking of current and ongoing trends in international arbitration. The book’s lasting value and interest will make it a valuable resource for arbitral institutions, academics, arbitrators, arbitration counsel, and participants in international commercial arbitration. It will enthuse the many lawyers, judges, legislators, and business people to whom it is addressed.

Editors

Contributors

CHAPTER 1 Introduction: Quo Vadis Arbitration? (2022)

Renaud Sorieul

CHAPTER 2 Remote Hearings: For Better or for Worse?

Constantin Eschlboeck & Anne-Karin Grill

CHAPTER 3 Technology in International Arbitration: Yesterday, Today and Tomorrow

Al-Karim Makhani, Sophie Nappert, Ji En Lee & Sarah Chojecki

CHAPTER 4 Counting the Cost of Arbitration in a Post-COVID World

Amanda J. Lee

CHAPTER 5 Global Analysis of the Extension of the Arbitration Agreement to Non-signatories, and Proposed Model Norm and Guideline for Standard Use

Carlos A. Matheus López

CHAPTER 6 Does the Dispute Resolution Regime in Europe Really Serve MSMEs?

Petra Butler & Georgia Whelan

CHAPTER 7 Growth of Scotland as an International Arbitration Centre: Will Scotland Become the Epicentre of Arbitration in the UK, Overtaking England?

Matthew Finn

CHAPTER 8 Delaware as a Next-Generation Hub for International Arbitration Practice: Building the Case for the First State

Kiran Nasir Gore

CHAPTER 9 Seeing the Wood from the Trees: A Holistic Approach to Arbitration Legislative Reform in the Caribbean

Shan Greer

CHAPTER 10 Fall of the WTO’s Crown Jewel and the Way Forward

Kinda Mohamadieh

CHAPTER 11 The Evolution of the Draft Code of Conduct for Adjudicators in International Investment Disputes: A New Species of Ethical Standards or More of the Same?

Fahira Brodlija

CHAPTER 12 The Overhaul Process of the ‘BIT’tersweet Investor-State Arbitration Regime: Turning to a More Sustainable Model?

Rekha Rangachari & Kabir Duggal

CHAPTER 13 Quo Vadis International Arbitration: An Era of Breaking Points and Breaking Barriers

Fahira Brodlija