Part 1 of this post touched on rumblings for more transparency in arbitration. But there is more than the distant sound of thunder, and it’s coming closer.
As arbitration and mediation are both highly competitive and fragmented fields, it is hard for providers to act collectively. Yet they must. The only forums where arbitration organizations come together at an international level conferences of the ABA Section of Dispute Resolution, the Institute for Transnational Arbitration (ITA) and the International Council for Commercial Arbitration (ICCA). Mediation providers have the annual UIA World Forum of Mediation Centers. Industry change to address user demand rarely gets discussed at these events.
One recent exception was the ICCA Annual Conference in Singapore in June 2012, the theme of which was “International Arbitration – the coming of a new age?” The keynote speech was given by the then Attorney General of Singapore (now Chief Justice) Sundaresh Menon, a man with a distinguished career in international arbitration.
Mr Menon suggested that the “new age” of arbitration is, in fact, its golden age, implying that the field stood on the brink of decline, and urged arbitrators to “embark on a course of collective self-reflection…on what we as a community have done right, but more importantly, on what we could do better, and perhaps plant the seeds of change so that our industry will…continue to play a critical role in the global administration of commercial justice.”
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