ARBITRATION IN THE AMERICAS
CD: Could you provide a general insight into the evolution of arbitration across the Americas? Is there a growing appetite to resolve disputes through arbitration?
Martinez: It is difficult to generalise as to the evolution of arbitration throughout the Americas, as there are many countries that have had vastly different experiences regarding the development of arbitration and other alternative dispute resolution (ADR) methods within their borders. Moreover, there have been differences regarding the development of their arbitration cultures as it relates to commercial arbitration and investment arbitration, where we have seen varying levels of acceptance and rejection from country to country. I do believe that in the Americas there is a broader acceptance of international commercial arbitration that continues to grow and gain in popularity as a mechanism to resolve cross-border disputes.
Dosman: Resolving commercial disputes by arbitration is becoming increasingly popular in the Americas. Parties are drawn to the neutrality of the forum, the potential to choose the decision-makers, and the increased confidentiality afforded by arbitration proceedings. The growth was recognised by the International Court of Arbitration of the International Chamber of Commerce (ICC), which in 2013 established a full branch of the ICC Secretariat in New York (SICANA). The statistics on case filings to date have also borne out the growing attraction of international arbitration as a dispute resolution mechanism. In 2014, the number of US parties in ICC arbitration increased by 28 percent over the previous year. And the International Centre for Dispute Resolution (ICDR) – the international arm of the American Arbitration Association – reported over 1000 new cases filed last year. In the Southern hemisphere, demand for arbitration services continues to increase, with the ICC reportedly planning to open a branch in São Paulo, Brazil.
Jan-Mar 2016 issue
American Arbitration Association
Hughes Hubbard & Reed LLP
New York International Arbitration Center
Von Wobeser y Sierra