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International Commercial Arbitration: Quo Vadis?


ISBN13: 9789403517667
Published: December 2022
Publisher: Kluwer Law International
Country of Publication: Netherlands
Format: Hardback
Price: £154.00



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International Arbitration: Quo Vadis? 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.

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.

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.

Subjects:
Arbitration and Alternative Dispute Resolution
Contents:
1. Introduction: Quo Vadis Arbitration? (2022)
2. Remote Hearings: for Better or for Worse?
3. Technology in International Arbitration: Yesterday, Today and Tomorrow
4. Counting the Cost of Arbitration in a Post-COVID World
5. Global Analysis of the Extension of the Arbitration Agreement to Non-signatories, and Proposed Model Norm and Guideline for Standard Use
6. Does the Dispute Resolution Regime in Europe Really Serve MSMEs?
7. Growth of Scotland as an International Arbitration Centre: Will Scotland Become the Epicentre of Arbitration in the UK, Overtaking England?
8. Delaware as a Next-Generation Hub for International Arbitration Practice: Building the Case for the First State
9. Seeing the Wood from the Trees: A Holistic Approach to Arbitration Legislative Reform in the Caribbean
10. Fall of the WTO’s Crown Jewel and the Way Forward
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?
12. The Overhaul Process of the ‘BIT’tersweet Investor-State Arbitration Regime: Turning to a More Sustainable Model?
13. Quo Vadis International Arbitration: An Era of Breaking Points and Breaking Barriers