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.
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 indispensable precision that have 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, 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.
The book will be a go-to resource for the arbitration community worldwide as a stocktaking of current and ongoing trends in international arbitration. It will enthuse the many lawyers, judges, legislators, and businesspeople to whom it is addressed.
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