The fix – how to resolve the tensions at the heart of modern arbitration

With growing caseloads and global appeal, international arbitration is blossoming – as is criticism of rising costs and delays. As some practitioners develop tactics to ‘fix’ arbitration, will they do more harm than good?

It has taken 25 years since the end of the Cold War for states to fully embrace the notion of settling their disagreements through a third party, but as the recent and resolved case between Singapore and Malaysia shows, inter-state arbitration can be a powerful force in international relations. Similarly, large and sophisticated corporate consumers of dispute resolution services have developed a growing enthusiasm for arbitration when it comes to settling their disputes.