Our recent passing into the third decade of the 21st century might be considered an appropriate time to assess what the near future may have in store for the conduct of international commercial arbitration. The past several years have seen increasing activity in international arbitration, marked by a proliferation of books, articles, conferences and organizations dealing with international arbitration. Some activity has been negative: growing criticism of mandatory domestic arbitration for consumer and employment disputes and of the ways in which international arbitration has been used for disputes between investors and foreign states. Accusations of unconscionability in the former and lack of transparency and perceived unfair outcomes in the latter have frequently been accompanied by assertions that commercial arbitration has become too complex and expensive in comparison with litigation. Arbitral institutions have begun to respond to some of these criticisms by adjusting their rules and recommended practices.

Some indication as to how these and other concerns may be dealt with going forward may be discerned through a review of proposed guidelines recently promulgated by the Spanish Arbitration Club (Club Español del Arbitraje), the “CEA Code of Best Practices in Arbitration.”