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International arbitration: a post-LIDW reflection

25 July 2019 / Barry Fletcher
Issue: 7850 / Categories: Features , Arbitration , Commercial , Profession
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What are the current challenges for international commercial arbitration in London & beyond? Barry Fletcher reflects on some of the issues

Energetic discussion regarding the current state and future of international commercial arbitration was at the heart of this May’s inaugural London International Disputes Week (LIDW). Drawing on some of the event’s key themes, I have set out to demonstrate that while London arbitration faces some particular challenges to its continued success, the most significant issues facing this form of dispute resolution are not exclusive to London or, indeed, any single seat of arbitration.

What can data tell us?

First, let’s consider one barometer of health: arbitration caseload statistics. As my colleague James Clanchy examined in a recent article (‘Arbitration statistics 2018: London bucks downward trends’, LexisNexis DR Blog, 20 June 2019), an analysis of 2018 statistics from six major international arbitral bodies—the HKIAC, the ICC, the LCIA, the LMAA (not an arbitral institution but an association of arbitrators who conduct arbitrations under its ad hoc procedure rules), the

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NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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