International arbitration: the top trends in 2018

International arbitration: the top trends in 2018 2

Freshfields –

International arbitration: the top trends in 2018 3A tumultuous 2017 provided us some insight into where international arbitration’s greatest challenges (and opportunities) lie in 2018.

In our forwarding looking, practical guide, we highlight 10 key trends in the year ahead. Highlights include:

> With the re-emergence of protectionism in the West, and the retrenchment from multilateralism in the US, the inclusion of investor-state arbitration in trade and investment treaties remains under attack, including the protections afforded by NAFTA;

>>Some states are withdrawing from, or renegotiating, their bilateral investment treaties (BITs) as consequence of multiple investor claims;

>>The rebalancing of economic and political power from Western states to emerging economies is changing the type of claim we see in international arbitration; and

>>The funding of arbitration claims has entered the mainstream with increasing numbers of claimants offsetting the multi-year exposure of capital through bespoke funding arrangements.

These shifts require constant adaptation to ensure that international arbitration survives and thrives by serving its ideals of prompt, expert and independent adjudication. We look forward to facing the challenges and opportunities with our clients in the year ahead.

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