In the last decade (2008 – 2018), investor-state dispute settlement (ISDS) is quite controversial. On the commercial side, however, the mechanism has seen some positive developments in terms of growth, diversity and transparency. Reform within investment arbitration is moving at a faster pace than ever before. Thus, the future is bright for arbitration.
Going forward, we also forecast the arbitration developments by 2028: the resurgence of the courts in resolving international disputes; the dominance of Belt and Road Initiative (BRI) project disputes in the global landscape, and the mainstream of arbitration rules integrating the preference of Chinese parties and typical practice; and the use of smart contracts and digital currency to execute BRI projects. Furthermore, the findings from the Queen Mary Survey predict that Hong Kong will eclipse other venues as the dispute resolution centre for years to come.
In addition, in keeping with our “10” theme, we also bring you: 10 predictions about international arbitration in 2028 in a post-Brexit UK; 10 issues to bear in mind in relation to arbitral confidentiality; 10 arbitration centres you may not have heard of, but should consider; and 10 things you need to know about the new draft amended ICSID rules.
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