Description

Arbitration has become the usual dispute resolution mechanism in a wide array of matters affecting global trade and economy. Within some fields, this mechanism is in fact a sort of exclusive jurisdiction. Nowadays, even issues concerning general interests and, whether directly or indirectly, human rights, are submitted to arbitration. Quite paradoxically, the success of arbitration has not impeded the raise of questions about its legitimacy. Current criticism affects particularly investment arbitration but also arbitration in general, as many users complain about high costs and length of proceedings. Critics and complains may provoke different answers. While some seem to prefer conservative, self-indulgent attitudes, a more constructive option is possible. It consists in strengthening arbitration legitimacy by means of three vectors: transparency, jurisprudence, and accountability.

About The Speaker

Diego P. Fernández Arroyo is a professor at the Sciences Po Law School in Paris since 2010, on leave from the Complutense University of Madrid. He teaches subjects related to international dispute resolution, arbitration and conflict of laws. He is co-director of the Global Governance Studies Program and co-director of the Research Project Private International Law as Global Governance (PILAGG). He is also a Global Professor at the New York University (Paris) and a honorary professor of the Buenos Aires and Cordoba Universities (Argentina).

Professor Fernández Arroyo is actively involved in the practice of international arbitration as an independent arbitrator and an expert. He has developed several projects in the field of arbitration and international business law for the European Union, the Andean Community, the MERCOSUR, and the Latin-American Integration Association. He has published several books and a number of articles in more than 20 countries. Professor Fernández Arroyo is co-editor of the Globalization Law Library.