INTERNATIONAL ARBITRATION 1/3LY
MESSAGE FROM THE EDITOR 01
MESSAGE FROM THE EDITOR I’m delighted to present the inaugural issue of Clyde & Co LLP’s International Arbitration 1/3LY. Three times a year, our specialists from around the globe will consult with industry leaders on issues of strategic importance to the global arbitration community; and explore emerging trends and developments through a series of articles providing diverse perspectives and analysis.
In this issue, we compare outlooks from three different arbitral centres: Adrian Winstanley OBE (out going Director General of the LCIA) provides the established centre view and comments on the LCIA’s expansion over the course of his tenure; Michael Pryles (President of the Court of Arbitration, SIAC) tells SIAC’s growth and transformation story; and Nassib Ziadé (Chief Executive Officer of the Bahrain Centre for Dispute Resolution) provides the perspective of a fledgling centre, looking to attract disputes and build its reputation. The growth of arbitration as a discipline is a recurring theme throughout this issue: Loukas Mistelis (Director of the School of International Arbitration at Queen Mary University of London) contemplates arbitration’s evolution from an elitist practice of the law to a user-orientated service. Furthermore, this theme is investigated by the authors of our articles who ruminate on the growth and development of arbitration in the diverse regional centres of Libya, Saudi Arabia, China and the British Virgin Islands. Reflecting on the contributions in this issue, it’s clear that while the practice of arbitration was cultivated by law firms initially; states now seek to expand arbitration as a means of attracting foreign investment to their shores. This trend is indicative of the enduring symbiotic relationship between international trade and arbitration.
These developments probe questions regarding arbitration’s future. Legend has it that three millennia ago, King Solomon presided over the first arbitration and 3,000 years later, the expression ‘splitting the baby’ is often used as a pejorative term for arbitral deliberations. Looking 15-20 years ahead, will arbitration be the standard dispute resolution method adopted by companies and states? And, if arbitration is set to become the norm, how should it respond to concerns surrounding costs, transparency and conflicts of interest, among others? Should arbitration be forced to adapt to the traditional ‘western’ democratic ideal of open justice? As several of our contributors remark within, arbitration is best suited to evolution, rather than revolution and so it seems that only time will tell. On behalf of Clyde & Co, I would like to thank Loukas Mistelis, Nassib Ziadé, Michael Pryles and Adrian Winstanley for contributing their expert opinions and fascinating insights. BEN KNOWLES, GLOBAL HEAD OF DISPUTE RESOLUTION AND INTERNATIONAL ARBITRATION, CLYDE & CO LLP
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