INTERNATIONAL ARBITRATION 1/3LY
MESSAGE FROM THE EDITOR 01
ME S S AGE FROM THE ED I T OR 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 compareoutlooks fromthreedifferent arbitral centres: AdrianWinstanleyOBE (out goingDirector General of the LCIA) provides theestablished centre viewand comments on the LCIA’s expansionover the courseof his tenure; Michael Pryles (President of theCourt of Arbitration, SIAC) tells SIAC’s growthand transformationstory; andNassib Ziadé (Chief ExecutiveOfficer of theBahrainCentre for DisputeResolution) provides theperspectiveof a fledgling centre, looking to attract disputes andbuild its reputation. The growth of arbitration as a discipline is a recurring theme throughout this issue: LoukasMistelis (Director of the School of International Arbitration at QueenMary University of London) contemplates arbitration’s evolution froman 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 arbitrationwas cultivated by law firms initially; states now seek to expand arbitration as ameans 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 threemillennia 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 resolutionmethod 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 LoukasMistelis, Nassib Ziadé, Michael Pryles and AdrianWinstanley for contributing their expert opinions and fascinating insights. BEN KNOWLES, GLOBAL HE AD OF DISPUTE RESOLUTION AND INTERNATIONAL ARBITRATION, CLYDE & CO LLP
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