The past year has seen the rise of populist nationalism, skepticism of multilateral trade agreements, and calls to tighten, in some ways, the flow of people across borders – perhaps most visibly in the United States, but with varying manifestations in other parts of the world as well. For some, these developments represent a much-needed course correction to protect their nation’s security and address macroeconomic trends that have hurt working people. Others see them as harbingers of the demise of the post-World War II neoliberal global order or worse.
These developments are sparking lively political debate, but they also raise non-partisan, practical questions in the realm of international business dispute resolution:
- Will the push and pull of nationalist sentiments affect where and how businesses resolve cross-border disputes?
- Might the relationship between nationalist courts and arbitral tribunals shift?
- Will the backlash against globalism encompass or impact the world of international arbitration?
- What is the future of investor-state dispute resolution?
- How might tighter immigration controls impact international arbitration proceedings?
- Will there be fewer players in the competition among jurisdictions positioning themselves as the most cosmopolitan and friendly to international arbitration?
These questions and others will be addressed in a series of interactive sessions, with a focus on real-world implications for lawyers representing clients doing business internationally.