I am delighted to present the third issue of Clyde & Co’s International Arbitration 1/3LY. The launch of the third issue coincides with the IBA’s 18th Annual International Arbitration Day in Washington DC, where we will celebrate the 50th anniversary of ICSID and discuss some of the most pressing issues in investment arbitration
As the birthplace of the New York Convention and the home of ICSID, the USA has provided some of the cornerstones of international arbitration and made a substantial contribution to the founding and development of the discipline. In this issue we look at the continued development of the USA’s main arbitral centre, the International Centre for Dispute Resolution (ICDR), in an interview with its Vice President, Luis Martinez. We also turn our attention to the establishment of Latin America as a hub for international arbitration in an interview with Brazilian arbitrator and practitioner, João Bosco Lee; and an article charting the development of international arbitration in Colombia.
ICSID’s 50th anniversary necessarily prompts an appraisal of one of the hottest topics on the international arbitration agenda: investment arbitration. In an article which analyses Investor-to-State Dispute Settlement (ISDS) provisions, Devika Khanna asks whether or not ISDS clauses in treaties are a threat to state sovereignty or a necessary prerequisite for foreign investment. As the discipline continues to grow, it is imperative that we reflect on developments and assess whether or not some of the negative rhetoric in the mainstream media is justified.
Elsewhere in this issue we cover developments in other corners of the globe. Sapna Jhangiani and Michael Hwang, Chief Justice to the Courts of the Dubai International Financial Centre (DIFC), discuss the emergence of Singapore as a legal hub in the Asia-Pacific region.
On behalf of Clyde & Co, I would like to express my gratitude to Luis Martinez, João Bosco Lee and Michael Hwang for sharing their unique experiences and expert opinions with us and our readers. I also wish to thank my colleagues from the firm’s global arbitration group for their interviews and articles.