Past, Present, and Future Perspectives of Arbitration

This publication of the Patron’s Address at the CIArb’s Kuala Lumpur Conference presents selective thoughts on the development and role of arbitration in the past, today and its future perspective, primarily from the view of an arbitrator and from the background of experience the author has and has had in various functions in national and international legal and arbitration institutions. It starts by looking at past developments that were the basis for the present situation. Regarding the situation today, it deals in separate chapters with dispute settlement in general, commercial arbitration, politically sensitive disputes, investment arbitration, globalisation of arbitration, relevance of international law in commercial arbitration, arbitral procedure, promotion of amicable settlements, and the use of electronic media in arbitration. In a last chapter, it presents future perspectives particularly regarding a continuing expansion of arbitration, its subject matters and participating parties, its use for politically sensitive disputes, and the growing harmonisation between national arbitration laws and practices. Finally, it addresses the role of arbitrators in the process and the specific rising role and organisation of young arbitration practitioners.