Arbitration Reform

Arbitration Reform

The Developing World of Arbitration

The Developing World of Arbitration studies the recent emergence of Asia Pacific jurisdictions as regional or international arbitration centres, thanks to various reform efforts and initiatives. This book provides an up-to-date and comprehensive analysis of the ways in which arbitration law and practice have recently been reformed in Asia Pacific jurisdictions. Leading contributors across the Asia Pacific region analyse twelve major jurisdictions representing varying patterns and degrees of development, whether driven from top down, bottom up, or by some hybrid impetus. Setting the arbitration systems and reforms of each investigated jurisdiction in the context of its economic, political, and judicial dynamics, this book presents, for the first-time, a cross-jurisdiction comparative and contextual study of the developing world of arbitration in the Asia Pacific and contributes to comparative international arbitration literature from an Eastern perspective. It also aims to identify an Asia Pacific model of arbitration modernisation, one that may be distinct from a Western model, and predicts future trajectories of development and challenge in light of the ever increasing competition between Eastern- and Western-based arbitration centres. This edited collection will be an invaluable addition to the libraries of academics and practitioners in the field of international commercial arbitration.

Reforming Arbitration Reform

Reforming Arbitration Reform: Emerging Voices, New Strategies and Evolving Values Edited by Crina Baltag & Mark Feldman The legitimacy of international arbitration is being called into question. Arbitration is now subject to a multitude of regulatory sources and critical voices that seem to compromise the core interests of arbitration users and the arbitration community. This comprehensive discussion of ongoing and emerging reform efforts in both commercial and investment arbitration provides a thorough examination of how evolving values of diversity, inclusiveness, and sustainability are impacting the very nature of the field. Capturing the imperative need to critically consider how these new strategies and voices can lead to a new age of international arbitration, more than thirty well-known 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. Particular attention is paid to 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. Given that demands for arbitration reform come from very different perspectives that need to be reconciled, 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. For this reason, the book will prove of immeasurable value to both arbitration users and regulators for the in-depth understanding it will impart of how emerging voices are advancing reform of the international arbitration practice area.