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Arbitration: The End of the Golden Age?

By almost any account, arbitration has enjoyed its golden age in the last decades. International commercial arbitrations have soared, arbitrations under bilateral investment treaties have grown, and arbitration of purely domestic matters, especially in the United States, has received increased acceptance. Yet several recent signs suggest that the sun has begun to set on that golden age. Courts have erected some previously unseen barriers to international arbitration. Criticism has been leveled at various aspects of traditional Bilateral Investment Treaties (BITs) and nations have withdrawn from ICSID. And in the United States, Congress currently is considering the most sweeping reform of the Federal Arbitration Act since its enactment.

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The Institute for Transnational Arbitration’s Academic Council and the American Society of International Law present 7th Annual ITA-ASIL Conference that will take place on March 24, 2010 in the Ritz-Carlton Hotel, Washington, D.C.

This year’s conference asks whether a golden age is ending for arbitration or whether the evolution of arbitration and arbitration practice will lead to welcome improvements. In a format specially designed to encourage audience participation, this year’s conference will be limited to two panels. One will address the challenges to international arbitration, focusing especially on recent developments relating to BITs. The other will address proposed reforms to domestic arbitration in the United States, focusing especially on how those proposals might affect the international field as well. As with prior years, both panels will feature a mix of arbitrators, in-house counsels, and practitioners.

In addition, given the importance of legislation to these questions, policymakers will also join the discussion.

For more details please download the Program