Emerging Trends In Arbitration Involving International Joint Ventures

For many decades arbitration has traditionally been regarded as the preferred method of resolving disputes involving international joint ventures. Recent revolutionary changes in their operational environment resulting from the emergence of “digital economy” and introduction of sustainable development issues into the public spotlight pose the question whether this method can retain its appeal in this new context. The article identifies three emerging trends in arbitration involving international joint ventures, namely: (i) growing prominence of intangible assets as a potential subject of arbitration proceedings; (ii) increasing complexity of internal governance disputes; and (iii) increasing reliance of parties on sustainable development issues. It also assesses their possible impact on maintaining the attractiveness of arbitration for the resolution of disputes in this field.