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from Part II - International Commercial Arbitration as a Transnational Justice System
Published online by Cambridge University Press: 08 October 2021
Although international commercial arbitration is not subject to as much criticism as investor-State arbitration, it is nonetheless facing challenges going forward. These challenges are several, and only some can be addressed in this chapter. Some relate to concerns that have been with international arbitration for a long time. These include costs, delay and excessive formality, as well as arbitrator neutrality. Others – arbitration ethics, diversity, and transparency – are not new, but are taking on greater urgency. Still others simply represent new developments more or less extrinsic to international arbitration but with which international arbitration must cope. Among these changes to the broader international arbitration landscape are the data protection movement and the rise of both settlement agreements and international commercial courts.
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