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14 - International Arbitration and Society at Large

from Part III - Stakeholders in Arbitration

Published online by Cambridge University Press:  18 February 2023

Stefan Kröll
Affiliation:
Bucerius Law School, Rechsanwalt Kröll
Andrea K. Bjorklund
Affiliation:
McGill University, Montréal
Franco Ferrari
Affiliation:
New York University
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Summary

This chapter investigates how ‘society at large’ interacts with the world of international arbitration, now and for the foreseeable future. This broad topic can be made more manageable by breaking down the interaction through four focus groups within society: the media, academia, arbitration ‘clubs’, and civil society NGOs. These groups provide services to the world of international arbitration but are mostly instead what Emmanuel Gaillard terms ‘value providers’ – seeking to influence its normative structure. This chapter also touches on international and professional organisations, which are also significant value providers.

One key question is whether and how international arbitration may be expanding or at least becoming more visible through the four focus groups. A second is whether it may be becoming more diverse and indeed polarised. The chapter presents empirical evidence of ongoing ‘lawyerisation’, hence renewed concern about costs and delays. It also considers the impact of burgeoning investor-state dispute settlement (ISDS) cases and coverage, especially in the general media. Analysis of newspapers in Australia and the United Kingdom as well as social media reports confirms that views about ISDS remain overwhelmingly negative – a new development that could increasingly shape the overall perceptions of international arbitration held within society at large.

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Publisher: Cambridge University Press
Print publication year: 2023

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