HIGHLIGHTS

Innovations and Insights: Highlights from the 38th AAA-ICDR-ICC-ICSID Joint Colloquium

The 38th AAA-ICDR-ICC-ICSID Joint Colloquium, held on May 21, 2024, at the World Bank Headquarters in Washington, D.C., was a landmark event in the field of international arbitration. Leaders from three major arbitration institutions—AAA-ICDR, ICC, and ICSID—along with practitioners from around the globe, gathered to discuss advancements and challenges in the field. The colloquium covered a range of topics, from cutting-edge technological innovations to timeless human considerations such as persuasion, corruption, and disability inclusion.

Opening Remarks and Institutional Updates:

AAA-ICDR:

Bridget M. McCormack, President and CEO of AAA-ICDR, highlighted significant metrics and innovations. The AAA-ICDR heard over 848 international cases in 2023, valued at over 5 billion USD. McCormack emphasized the organization's focus on AI initiatives, including tools for case filing, document analysis, and automated scheduling. The AAA-ICDR is also developing a natural language interface for a chatbot aimed at non-lawyers to enhance access to justice.

ICC:

Claudia Salomon, President of the ICC International Court of Arbitration, provided insights from her global interactions with businesses and practitioners. She distinguished between automation and transformation in technology, advocating for transformative approaches to enhance access to justice. Salomon also underscored the ICC's commitment to diversity and disability inclusion, highlighting the new ICC Commission Guide on Disability Inclusion in International Arbitration.

ICSID:

Meg Kinnear, Secretary-General of ICSID, shared developments at ICSID, noting an increase in cases related to free trade agreements and multilateral investment agreements. She discussed the implications of treaty changes and withdrawals, such as those from the Energy Charter Treaty (ECT). Kinnear also mentioned ICSID's participation in the World Bank’s AI project, mAI, marking ICSID’s entry into the AI domain.

Enter the Shark Tank: Judging the Most Impactful Innovations

In a dynamic panel styled after the TV show "Shark Tank," three innovative ideas were pitched to experts:

• Emergency Arbitrator Tool: Guled Yusuf proposed an AI tool to assist in drafting non-dispositive sections of awards. The panel expressed curiosity but doubted its acceptance among older arbitrators.
• Mock Hearing Pilot Program: Katie Gonzalez suggested a program for mock hearings to prepare counsel for actual hearings, leveraging volunteer young lawyers. The panel questioned the reliance on free labour and the program’s practical benefits.
• Settlement Window Initiative: Gretta Walters proposed procedural timetable amendments to facilitate settlement discussions, ultimately winning the panel’s favour.

Global Economic Prospects:

Indermit Gill, Chief Economist of the World Bank Group, provided a sobering analysis of global economic prospects, forecasting the slowest GDP growth in 30 years. Gill emphasized macroeconomic stability over legal reforms as key to encouraging international investment, challenging the conventional focus on the rule of law in development discussions.

Effective Persuasion in Arbitral Practice:

A panel featuring Daniel E. González and others explored science-based strategies for effective persuasion in arbitration. They highlighted the importance of storytelling and emotional connections, using visual tools to enhance narratives and improve witness preparation and cross-examination.

Corruption in Arbitration: Shifting Expectations?

A roundtable discussed the landmark decision to set aside an award in the P & ID vs. Nigeria case due to corruption. Panelists debated the role of tribunals in investigating corruption, noting the balance between fairness and practical limitations. They emphasized the need for investor-state cases to consider state-party impacts and the broader trend towards more interventionist tribunals.

Real-life Challenges in International Arbitration:

In a session titled "What Would You Do?", a panel addressed challenging scenarios in arbitration, such as dealing with arbitrators' cognitive or physical issues. The discussion underscored the importance of tact and the complexities of addressing such sensitive matters.

Conclusion:

The 38th Joint Colloquium was a thought-provoking event that blended technological advancements with fundamental human issues in arbitration. The engaging format and rigorous debates provided valuable insights and fostered a deeper understanding of the evolving landscape of international arbitration.