Book contents
- The Cambridge Companion to International Arbitration
- Cambridge Companions to Law
- The Cambridge Companion to International Arbitration
- Copyright page
- Dedication
- Contents
- Contributors
- Foreword
- Preface
- Treaties, National Legislation, Cases and Awards
- Part I The History, Doctrines and Sociology of the Growth of Transnational Justice
- Part II International Commercial Arbitration as a Transnational Justice System
- 3 Arbitration and Comparative Law
- 4 Which Law Applies?
- 5 The Role of the Lex Arbitri
- 6 Is Arbitration Autonomous?
- 7 The Future of International Commercial Arbitration
- Part III Investor-State Arbitration
- Part IV Inter-State Arbitration and the Pursuit of Peace
- Part V Systemic, Trans-Substantive and New Issues
- Index
7 - The Future of International Commercial Arbitration
from Part II - International Commercial Arbitration as a Transnational Justice System
Published online by Cambridge University Press: 08 October 2021
- The Cambridge Companion to International Arbitration
- Cambridge Companions to Law
- The Cambridge Companion to International Arbitration
- Copyright page
- Dedication
- Contents
- Contributors
- Foreword
- Preface
- Treaties, National Legislation, Cases and Awards
- Part I The History, Doctrines and Sociology of the Growth of Transnational Justice
- Part II International Commercial Arbitration as a Transnational Justice System
- 3 Arbitration and Comparative Law
- 4 Which Law Applies?
- 5 The Role of the Lex Arbitri
- 6 Is Arbitration Autonomous?
- 7 The Future of International Commercial Arbitration
- Part III Investor-State Arbitration
- Part IV Inter-State Arbitration and the Pursuit of Peace
- Part V Systemic, Trans-Substantive and New Issues
- Index
Summary
Although international commercial arbitration is not subject to as much criticism as investor-State arbitration, it is nonetheless facing challenges going forward. These challenges are several, and only some can be addressed in this chapter. Some relate to concerns that have been with international arbitration for a long time. These include costs, delay and excessive formality, as well as arbitrator neutrality. Others – arbitration ethics, diversity, and transparency – are not new, but are taking on greater urgency. Still others simply represent new developments more or less extrinsic to international arbitration but with which international arbitration must cope. Among these changes to the broader international arbitration landscape are the data protection movement and the rise of both settlement agreements and international commercial courts.
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- The Cambridge Companion to International Arbitration , pp. 138 - 176Publisher: Cambridge University PressPrint publication year: 2021
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