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Arbitration & ADR 2019

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While there is a strong sense of identity and community among practitioners of international arbitration, their practice is far from immune to external shocks. The reverberations of two such recent shocks, one societal and one judicial, will likely be felt for years to come

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CollectionInternational
Date de publication2019
LangueAnglais

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« While there is a strong sense of identity and community among practitioners of international arbitration, their practice is far from immune to external shocks. The reverberations of two such recent shocks, one societal and one judicial, will likely be felt for years to come. Jay Z makes diversity of arbitrators headline news. The year 2018 may have been a watershed year for the many calling for greater diversity among arbitrators as mass social movements pushing for greater equality and an end to discrimination in societies the world over helped draw more attention to this issue. This was evidenced when renowned musical artist Jay Z hit out at the American Arbitration Association over a perceived lack of African-American arbitrators, a story covered in such outlets as NBC, The Hollywood Reporter and The New York Times. Landmark judicial decision changes the game for intra-EU arbitration. There are close to 200 bilateral investment treaties (BITs) in place between EU Member States. Most, if not all, of these will have had some form of arbitration clause included in them. The Court of Justice of the European Union (CJEU) may have rendered all of these arbitration clauses useless in March 2018 when, in a dispute between Dutch insurer Achmea and Slovakia, it ruled that the arbitration clause in contained the BIT between The Netherlands and Slovakia was not compatible with EU law. These two talking points, and much more, are covered in this, the 2018-2019 edition of Arbitration & ADR. A special thanks goes to all our external and internal contributors for their valuable insights and hard work. »

Executive summary:

TRENDS IN 2019

  • The Debate Over Investor-State Dispute Settlement
  • The Enforcement Challenge as Seen by a Third-party Funder
  • Key Facts on the Gender, Nationality and Ethnicity of Arbitrators
  • Arbitration in Africa

LEADERS :

  • Institutions & Arbitration Centers
  • General Counsel

RANKINGS :

  • Americas
  • Europe
  • Asia
  • Africa 

TOP ADVISORS DIRECTORY:

  • Arbitration Centers
  • Arbitration Funders
  • Litigation Support Firms
  • Law Firms

EXTERNAL CONTRIBUTORS

• We have built a reputation based on high quality legal services By Mehrez Boussayene, Partner, B.K. & Associés
• The status of arbitration in Tunisia: An overview By Mohamed Kammoun Partner and Co-founder, Kammoun & Kallel law firm
• With arbitration I don’t feel confined to one legal system By Roland Ziadé, Partner, Linklaters

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Arbitration & ADR 2019

Arbitration & ADR 2019

While there is a strong sense of identity and community among practitioners of international arbitration, their practice is far from immune to external shocks. The reverberations of two such recent shocks, one societal and one judicial, will likely be felt for years to come