S. Current Issues in International Arbitration

Arbitration is a dynamic and evolving field, characterized by a continuous dialogue across courts and legal systems in various countries. As national courts interact with arbitral tribunals, a rich exchange of ideas and practices emerges, fostering the development of transnational legal principles. This course explores the impact of such cross-border dialogues on both investor-state and international commercial arbitration, examining how different legal cultures shape the global practice of arbitration. The field of arbitration also benefits from vibrant scholarship, with thought leaders regularly contributing to its growth. Academic work provides critical insights into emerging trends and issues, while engaging with evolving doctrines and procedural innovations. In addition, soft law initiatives, such as the guidelines developed by organizations like the Chartered Institute of Arbitrators (CIArb) and the International Bar Association (IBA), play an influential role in harmonizing arbitration practices and setting standards of best practice across jurisdictions. At the same time, reform efforts are actively underway to address key areas of improvement within the arbitration framework. Notably, the UNCITRAL Working Groups 2 and 3 are leading discussions on topics such as expedited arbitration procedures and the reform of investor-state dispute settlement (ISDS). This course will provide students with a comprehensive understanding of these hot topics, offering a platform to critically engage with the latest developments in both investor-state and international commercial arbitration. By focusing on these contemporary issues, students will gain practical insights into the future directions of arbitration law and practice.