Reforming Arbitration Reform: Emerging Voices, New Strategies and Evolving Values (eBook)

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.