Our “horizon scanning” podcast series looks at major developments in international arbitration from the past year, and forecasts developments that are likely in 2022 in key geographic regions, industries and specialisms.
2022 Horizon Scanning: International Arbitration
Part 1: International arbitration and commodities
Elizabeth Farrell and Richard Swinburn provide a macro view of disputes in the commodities sector in 2021 (covering the impact of COVID and climate change), before discussing the outlook for 2022, including an increased focus on enforcement, fraud and insolvencies, and procedural commentary on virtual arbitrations and the disclosure process.
Part 2: International arbitration and the Middle East
Sachin Kerur, Michelle Nelson and Chris Edwards reflect on arbitral developments in the Middle East, including the nationalization of the local arbitration industry, the role of women and Emiratis in the industry and the new UAE mediation law, before looking ahead at changes relevant to international arbitration happening in the UAE and wider MENA region in 2022.
Part 3: International maritime arbitration
Nick Austin and Lianjun Li review key developments in arbitration in the shipping sector in London and across Asia. They summarize the major themes to have emerged in maritime arbitration in 2021 before looking ahead to the type of disputes in the pipeline for 2022, areas of change in the arbitral procedure, and the increasing awareness of alternative maritime dispute resolution in Asia.
Part 4: International arbitration and India
Gautam Bhattacharyya and Simon Greer recap the key developments in arbitration in India over 2021, including the continued development of institutional arbitration in the country, before exploring what the future holds for arbitration in 2022.
Part 5: International arbitration and Asia
Timothy Cooke and Lianjun Li reflect on the increased acceptance of and support for international arbitration across Asia in 2021 through new legislation, enforcement arrangements and case law, and discuss the continuation and likely acceleration of acceptance and supportive measures for arbitration across the region in 2022.
Part 6: International arbitration and construction
Peter Rosher, Vanessa Thieffry, and Liam Hart reflect on the past, present, and future of international arbitration and the construction industry. The trio first discuss new developments in construction arbitration and construction contracts; the drive for greater efficiency in dispute resolution; and COVID-19’s impact on supply chains, finance, and labor in the sector. They then explore the changing infrastructure investment environment, diversity, and how the path out of the pandemic and a focus on green construction may lead to an uptick in construction disputes in 2022.
Part 7: Investment treaty arbitration
Suzie Savage and Patrick Beale discuss important developments in the investor-state dispute settlement space in 2021, including key takeaways from landmark decisions and State responses to the COVID pandemic, before focusing on what to expect in the next 12 months, the impact of institutional rule reforms, and a likely proliferation in climate change and clean energy related claims.
Part 8: International arbitration and Francophone Africa
Ana Atallah and Clément Fouchard discuss developments in the field of international arbitration in Francophone Africa, including the official launch of the African Continental Free Trade Area and initiatives to promote international trade, access to finance, and dispute resolution on the continent, before exploring arbitral diversity in the region, a rise in local efforts to promote a culture of arbitration, and the prospect of more China-Africa disputes.
Part 9: International arbitration and life sciences
J.P. Duffy reflects on international arbitration in the life sciences industry throughout 2021, exploring the increase in emergency arbitration and uptick in manufacturing and distribution disputes, before looking ahead to what 2022 might bring, including the potential proliferation of disputes linked to M&A and expert determination.