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The world of commercial arbitration has witnessed undeniable growth across Asia, the Middle East and Africa, at a time where political attitude towards investment arbitration has changed drastically across Europe and the United States. Arbitral institutions, with their hold on the arbitral process, as regulator, overseer and ultimately guardian of the proceedings, have contributed to raise the trust of users, governments and courts alike, by raising the standards of efficiency and integrity of all proceedings undergone under their rules, thus being commonly perceived as a key factor of the legitimacy of arbitration.
As their powers and influence grew, so did the importance of their decisions. Yet, little to no national laws, or international arbitration instruments, contain any provisions regarding their legal status, functioning or governance. Arbitral institutions remain mostly self-regulated, with self-enacted rules. At a time where rules have started to deal with an increasing amount of matters, and different aspects of the procedure, in the pursuit of efficiency, their decisions are subject only to internal control, requirements set by their own rules, and processes which transparency and motives have come under increased scrutiny.
Understandably. With such powers, arbitral institutions are efficient regulators of international arbitration, but: what gives them legitimacy? Are arbitral institutions legitimate regulators of international arbitration?
President, IFCAI, Director, CRCICA
International Federation of Commercial Arbitration Institutions (IFCAI)
Director General of Ciarb
Chartered Institute of Arbitrators (Ciarb)
Deputy Director of CIETAC International Cases Division
China International Economic and Trade Arbitration Commission (CIETAC)
President of SIAC
Singapore International Arbitration Centre (SIAC)
Counsel
Dubai International Arbitration Centre (DIAC)
Acting Chief Executive Officer of BCDR
Bahrain Chamber for Dispute Resolution (BCDR)
Updated at: 2/11/2023