While there is a strong sense of identity and community among practitioners of international arbitration, their practice is far from immune to external shocks. The reverberations of two such recent shocks, one societal and one judicial, will likely be felt for years to come
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« While there is a strong sense of identity and community among practitioners of international arbitration, their practice is far from immune to external shocks. The reverberations of two such recent shocks, one societal and one judicial, will likely be felt for years to come. Jay Z makes diversity of arbitrators headline news. The year 2018 may have been a watershed year for the many calling for greater diversity among arbitrators as mass social movements pushing for greater equality and an end to discrimination in societies the world over helped draw more attention to this issue. This was evidenced when renowned musical artist Jay Z hit out at the American Arbitration Association over a perceived lack of African-American arbitrators, a story covered in such outlets as NBC, The Hollywood Reporter and The New York Times. Landmark judicial decision changes the game for intra-EU arbitration. There are close to 200 bilateral investment treaties (BITs) in place between EU Member States. Most, if not all, of these will have had some form of arbitration clause included in them. The Court of Justice of the European Union (CJEU) may have rendered all of these arbitration clauses useless in March 2018 when, in a dispute between Dutch insurer Achmea and Slovakia, it ruled that the arbitration clause in contained the BIT between The Netherlands and Slovakia was not compatible with EU law. These two talking points, and much more, are covered in this, the 2018-2019 edition of Arbitration & ADR. A special thanks goes to all our external and internal contributors for their valuable insights and hard work. »
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