Arbitration Beyond Borders

The influential vision and work of the late Guillermo Aguilar Álvarez, one of the world’s leading arbitral innovators, have left the principles and practice of international arbitration with a rich legacy of insight and achievement. In this one-of-a-kind book, thirty-two prominent arbitrators and scholars consider the vital issues that concerned him and to which he often gave a new clarity.

Each chapter addresses a cutting-edge issue of contemporary international arbitration, including the following:

• ethical standards for party representatives in international arbitration

• responsibilities of international arbitrators in the conduct of proceedings

• alternatives to investment arbitration

• corruption and “red flags” in international arbitration

• abuse of rights in restructuring to access investment protection

• foreign investment disputes under the United States–Mexico–Canada Agreement 2020

• the illegality defense in investor-State arbitration

• arbitration and insolvency

• status of annulled awards in investment arbitration

• the arbitration ‘backlash’

The collection addresses, in depth, some of the most pressing technical and political considerations facing international arbitration today. Its focus will enable arbitrators and all whose work involves them in the arbitral process, as well as academics in the field, to equip themselves to address critical issues as they arise during the conduct of any international commercial or investment arbitration.