A Global Pandemic and Shifts in Transnational Arbitration

The recent global health crisis has catalysed transformations in all sectors of life, including global arbitration practice.  This has included recent acceleration toward online hearings, virtual symposia via electronic platforms and online moots.  A chapter in Peer Zumbansen’s forthcoming Oxford Handbook of Transnational Law suggests a growing recognition that the traditional territorialist theory is limited in its ability to deal with intensifying cross-border dealings. The future development of a transnational legal order will reflect the intensifying interactions between diverse norms, laws, actors and institutions – mirroring not the end of the nation state – but requiring a wider loyalty beyond nation state. The chapter explores developments in the field of transnational arbitration by examining the evolution of relevant substantive commercial laws and procedure, key forces including global soft law-making bodies, relevant actors including the nation state, arbitrators, parties and institutions, and relevant norms and governance processes influencing the continued evolution of transnational arbitration.

The full paper is available here.

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