Revue - Les Cahiers de l'Arbitrage N°1-2023 - 235

BIBLIOGRAPHIE
Worldwide nature of the arbitration community
Coming to the final section of the book discussing the worldwide community
of international arbitration, it is helpful to return to Yves Derains' opening chapter
offering a historical perspective on the internationalisation
of international
arbitration and the role that the ICC has played in that effort. He recalls being
asked by the then Secretariat of the Court, Frédéric Eisenman, whether he was
prepared to fight a crusade for international arbitration.
Coming to where international arbitration stands today, a chapter by Funke
Adekoya, SAN, provides insights and observations on the vital role that arbitral
institutions still play in shaping international arbitration as related to ad hoc
arbitrations and the development of soft law instruments. Arbitral institutions
provide essential guidance to the international arbitration community on a common
set of best practices, and how to respond to emerging issues such as transparency
and diversity concerns. These interventions have in turn moulded the behaviour of
parties participating in ad hoc arbitrations.
By contrast, Meg Kinnear asks whether the proliferation of arbitral institutions
presents the risk of these institutions competing against each other in a zero-sum
game. She answers this question in the negative, noting the potential for increased
competition to push institutions to perform better and to more effectively address
the needs of users through customisation and specialisation. As she observes, the
state of international arbitration is characterised by immense collaboration between
institutions.
Vladimir Khvalei offers an analysis of current trends in the development of
arbitration institutions, and diagnoses the causes driving the launch of new
arbitration centres. Specifically, his essay tracks the growth in the disputes
market, the harmonisation of arbitration rules, the greater roles of institutions in
administering disputes and appointing arbitrators, and the increase over time in the
amounts in dispute. It seems that the increasing role of arbitration centres offers
one potential solution to the challenges described in this book, making arbitration
more accessible and affordable for clients, and more representative by using local
arbitrators and counsel.
Adding to this discussion, Inka Hanefeld and Maria Hauser-Morel identify a
number of positive effects of the shift to remote working in international arbitration.
Here, they outline ways in which the ICC can adapt to our new hybrid way of
working: remote hearings leading to efficiencies and cost savings, delivering
business development and training opportunities, and showing leadership in best
practices for remote work.
Wendy J. Miles, KC sounds a note of alarm in her discussion on the challenge of
the 21st
century, not only for international arbitration community, but for humanity
as whole: climate change. Miles here observes that international arbitration can
and must be part of a solution to the threat of climate change, but also expresses
a note of skepticism: systemic breakthroughs are uncommon, and are often met
with resistance.
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Revue - Les Cahiers de l'Arbitrage N°1-2023

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