Reforming Arbitration Reform
Emerging Voices, New Strategies and Evolving Values
Samenvatting
Reforming Arbitration Reform is a book comprising an in-depth discussion of current and upcoming reform efforts in both commercial and investment arbitration providing a thorough examination of how evolving values of diversity, inclusiveness, and sustainability are impacting the very nature of the field. The credibility of international arbitration is under scrutiny. Today, arbitration faces a wide array of regulatory sources and critical voices that appear to undermine the core interests of arbitration users and the arbitration community.
Recognizing the imperative need to critically evaluate how these new strategies and voices can usher in a new age of international arbitration, over thirty eminent 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.
There is a special focus on 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 varied perspectives that need to be harmonized, 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. Therefore, the book will be invaluable to both arbitration users and regulators as it offers a comprehensive understanding of how emerging voices are advancing reform of the international arbitration practice area.
Specificaties
Inhoudsopgave
Contributors
Introduction: Reforming Arbitration Reform: The Need for Addressing the Legitimacy of International Arbitration Through the Lenses of Emerging
Voices, New Strategies, and Evolving Values
Crina Baltag & Mark Feldman
CHAPTER 1
Arbitration Reforms for What Reason? Some Fundamental Introductory Remarks
Loukas Mistelis
CHAPTER 2
Reforming the Reform? Taking Intersectionality Seriously
Hélène Ruiz Fabri & Edoardo Stoppioni
CHAPTER 3
The International Judicial Function: Criticisms and Corrective Mechanisms
Laurence Boisson de Chazournes, Lorenzo Palestini, Guillaume Guez Maillard & Aditya Laddha
CHAPTER 4
Third-Party Funding in the Era of Arbitration Reform and ESG: What Lies Ahead?
Lucas Macedo & Alice Fremuth-Wolf
CHAPTER 5
The Role of Developing States in International Investment Arbitration
Margie-Lys Jaime
CHAPTER 6
Small (Island) States and International Dispute Resolution
Petra Butler
CHAPTER 7
Maintaining Speed: Promoting and Advancing Gender Diversity in International Arbitration
Carolyn B. Lamm & Jennifer A. Ivers
CHAPTER 8
Addressing Diversity in International Arbitration
Kabir Duggal & Kevin W. Gray
CHAPTER 9
The Role of Professional Organizations in International Arbitration: International Bar Association
Chiann Bao & Amr Omran
CHAPTER 10
Why Dispute Resolution Institutions Must Be Governed with a Purpose, and Why They Must Continuously Reform Themselves
Maria Fernanda Garza & Michael McIlwrath
CHAPTER 11
Intra-continental Trade: Catalyst for New Voices in Regional Institutions in Latin America and the Caribbean
Daniel Ávila II
CHAPTER 12
Regionalization of Bilateral Investment Treaty Practice in Latin America: The Case of Brazil’s ACFIs and the MERCOSUR Investment Protocol
Facundo Perez-Aznar
CHAPTER 13
ASEAN Centrality in Investment Arbitration Rulemaking
Jeffrey (Chieh) Lo & Pasha L. Hsieh
CHAPTER 14
Managed Diversity along the Legal Silk Road: The ASEAN-Asia Relationship and International Arbitration
Mark McLaughlin & Dilini Pathirana
CHAPTER 15
The Evolving Role of the European Union in International Investment Policy Reforms: Challenges, Achievements, and Future Directions
Federico Ortino
CHAPTER 16
Modernization of Arbitration in China: Recent Developments of Laws, Institutions and Practices
Manjiao Chi & Zongyao Li
CHAPTER 17
Foreign Investment Protection in the Context of MERCOSUR
Eduardo Grebler & Filipe Greco
CHAPTER 18
Preserving Perspectives: International Arbitrators in Their Own Words: Meg Kinnear Interviewed by Professor Andrea Bjorklund at the 20th
ITA-ASIL Conference
Meg Kinnear, Andrea K. Bjorklund, Anamaria Marin & Filippo Zuti
CHAPTER 19
The Future of International Arbitration: Evolving Values
Victoria Shannon Sahani
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