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Issue 2

19th ITA-ASIL Conference (2022)

Arbitration in Changed Circumstances

Keynote Address: Arbitration as a Cornerstone for Democracy and the Rule of Law

Deborah Enix-Ross, President-Elect, American Bar Association; Senior Advisor, International Dispute Resolution Group, Debevoise & Plimpton LLP, New York

Assessing Arbitration and Alternatives in a Changing World

How is arbitration adapting in our volatile world? The Covid-19 pandemic has caused numerous immediate disruptions in institutional practices. Yet the world of international dispute resolution has also been undergoing a broader sea change, with shifts in geo-political and geo-economic power, the reassertion of sovereignty in international investment law, and an emerging proliferation of institutional competitors to arbitration. Have the practices of arbitration meaningfully changed apace? Does – or can – arbitration retain its relevance as an institution of global commerce? Or have the political, economic, and social convulsions of recent years made other alternatives more attractive—such as a multilateral court (in the context of investment disputes), nationally grounded courts focused on international commerce (international commercial courts), or even forms of structured mediation? In a roundtable discussion, the panel will critically assess the prospects, opportunities, and challenges of arbitration and its competitors in our volatile times.

Introduction and Moderator: Prof. Kun Fan, Co-Chair; University of New South Wales, Faculty of Law & Justice, Sydney


Prof. Franco Ferrari, New York University School of Law, New York
Meg Kinnear, Vice President and Secretary-General, International Centre for Settlement of Investment Disputes (ICSID), Washington, D.C.
Prof. August Reinisch, University of Vienna, Vienna
Prof. Pamela Bookman, Fordham University School of Law, New York
Natalie Y. Morris-Sharma, Deputy Senior State Counsel, Attorney General’s Chambers, Singapore

Prof. Franco Ferrari

Meg Kinnear

Prof. August Reinisch

Prof. Pamela Bookman

Natalie Y. Morris-Sharma

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