Originally from The Dark Side of Arbitration, Second Edition

Preview

It is with great satisfaction and a renewed sense of purpose that we present this second edition of The Dark Side of Arbitration. Since the publication of the first edition in 2018, the landscape of international arbitration has continued to evolve, and so too has the need to reassess and refine the legal framework through which we articulate the less-discussed dimensions of the field. This edition incorporates the developments that occurred in institutional rules, national legislation, and soft‑law instruments, still offering a critical insider’s perspective.
Since 2018, the arbitration rules of virtually all arbitral institutions have been updated, and so have some instruments promoted by the International Bar Association (IBA) and UNCITRAL. Several jurisdictions have enacted or updated arbitration legislation, bringing reforms in interim relief, electronic contracting, emergency arbitrators, and consolidation. In parallel, fields such as the consideration of diversity in arbitral tribunals, decision-making dynamics, and cost monitoring have been further explored in legal scholarship. This edition integrates developments in institutional ethics, evolving precedents, and critiques of practice. 
The narrative of the first edition has been preserved and enriched. The anecdotes and illustrative remarks in the first edition have been reviewed and updated, drawing on both authors’ professional experiences as arbitrators, teachers, researchers, and lawyers involved in arbitral proceedings. This second edition aims to be a pragmatic guide, sharpened by real world insights, to help practitioners navigate the subtle but critical ways in which arbitration can falter. It is geared to reinforce integrity, transparency, and effectiveness across all participants: arbitrators, counsel, institutions, and parties.