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.