Global trends in international arbitration
Conference de Montréal - International Economic Forum of the Americas
June 7, 2011
Conférence de Montréal
2075, rue University
Bureau 1217
Montreal, QC, Canada
Event participants:
René Cadieux
Host
Bernard Colas
Partner, Colas Moreira Kazandjian Zikovsky
Co-Speakers
Daniel Desjardins
Senior Vice President and General Counsel, Bombardier
Nabil Antaki
Professor Emeritus and Associate Director, Centre for the Law of Business and International Trade, University of Montreal
Several countries have demonstrated a reluctance to adhere to obligations imposed by bilateral investment agreements, including provisions for arbitration. This trend is threatening on several fronts. To what extent is a decline in investor protection likely to affect foreign investment? Is this a temporary phenomenon or a long-term trend? Moreover, the international arbitrator is increasingly granted the power to conciliate between parties. What are the advantages and disadvantages of such a practice, and what precautions should be employed to avoid the cancellation or delay of a settlement? Other trends to be discussed include contractual arbitration.