This 5th edition of the Guide to Regional Arbitration is designed to examine the local and regional arbitration centres around the world.
Why a guide to less well-known institutions? After all, it’s not like there’s mass dissatisfaction with the existing, older arbitral institutions, or an appetite for experimentation among global corporations and their disputes?
One simple reason: those options exist. And if they exist you can’t ignore them, because, inevitably, some will be suggested.
The world is big – and getting bigger – and organisations such as the London Court of International Arbitration (LCIA) and the International Chamber of Commerce (ICC), consisting of two or three executives at the top end, are small. It’s unrealistic to think they will be able to hoover up all of the new work in the new frontiers of commerce. Others will believe they can get a nose inside the tent.
Competition is good. Would some of the innovations seen in recent years have come about if institutions weren’t keeping up with each other? It is also tremendously convenient if you work in a region where a good arbitral provider has taken root – as in time it may become less necessary to schlep witnesses, experts, lawyers and documents around the planet for something that has little connection with the city you end up in.
For that to be true, the “product” on offer at the local level must be “good”. That’s the only potential problem with unfettered expansion. What if it’s not? That’s where books such as this come in.
This Guide aims to answer a couple of questions:
- How many local or regional arbitral providers are there?
- Which are dependable?
To that end you will find reports on the state of play in Asia, Eastern and Western Europe, Middle East and Africa, and Latin America – the places where one finds more of these lesser-known arbitral providers. These give you a “white list” that might be worth a closer look based on conversations with lawyers active in that region. There are also directories for each region, listing all the arbitral providers we know.
Throughout, the views expressed are those of GAR alone. We’re indebted to those who did assist, however, and some of them are credited in the relevant chapters.