1.

Introduction
For decades, international arbitration has been considered the international
commercial dispute resolution mechanism du jour.
This is due to both the security of enforcement provided by the Convention
on the Recognition and Enforcement of Foreign Arbitral Awards (the "New
York Convention"), and its reputation for being cheaper and more efficient
than litigation.
However, in recent years it has become the subject of increasing criticism by
users who complain that it is failing to deliver the economic, expeditious and
commercial outcomes it promises.
Arbitration is fairing no better in the domestic sphere. While still popular, it
has atrophied in the face of the introduction of adjudication, the growth of
highly effective commercial courts and increasing criticism of arbitration as
being as drawn out, inefficient and costly as litigation.
This paper will explore the state of arbitration across a broad range of
jurisdictions and ask the question: is arbitration around the world alive or
dead?
The view of this author is that arbitration is most certainly alive, and will
continue to be a competitive alternative to litigation and other alternative
dispute resolution mechanisms if it can deliver economic, expeditious and
commercial results.
This paper is based upon my experiences as the President of the Chartered
Institute of Arbitrators in 2011.
During this time, I had the opportunity to see firsthand how domestic and
international arbitration operates across many different jurisdictions with
very different legal systems.
In this paper, I will discuss what steps governments and users need to take to
promote arbitration to ensure that it remains a viable and efficient dispute
resolution mechanism throughout the world.
To continue to deliver these results, arbitration needs to strike a proper
balance between protecting the integrity of the arbitral process and the needs
of its users.
For arbitration to do so, it needs the support of legislatures and judiciaries
around the world.

While the capacity for arbitration to be cheap and efficient is already present
in many jurisdictions, particularly if parties choose fast-tracking options
already available to them, it needs support from within the jurisdiction to
really prosper.
This paper will discuss the state of arbitration throughout the world and what
strategies need to be taken by governments to ensure that arbitration remains
viable across various jurisdictions. In particular I will examine the current
situations in the Australia United Kingdom, Hong Kong, China, Singapore,
Malaysia, Thailand, Indonesia, India, United Arab Emirates, and the United
States. Each of these jurisdictions can teach us something as to the
construction of a successful arbitration regime.
To ensure arbitration's continued success, there needs to be a concerted effort
from both government and practitioners so that arbitration remains a viable
alternative to litigation.