In an interview with Latinvex, White & Case partner Jonathan C. Hamilton discusses the changing nature of globalization and implications for international arbitration.
"International dispute mechanisms matter to development and investment," stated Hamilton. "A lot of assumptions about international arbitration, and global legal practice, are rooted in the post-Cold War perspective of globalization."
According to Hamilton, "[t]he globalization era that sparked the explosive growth of arbitration has changed significantly due to shifting perspectives on globalization." "We are pioneering an emerging era of ESG arbitration" involving environmental, social and governance issues, he explains. "ESG issues are not only reshaping the global regulatory and investment environment – they are also a battleground for international disputes. International arbitration goes to the heart of sustainability and governance issues that are central to the post-pandemic era of globalization.
Regarding the development of the Firm's international arbitration practice in the Americas, Hamilton explains, "we took a strategic approach through early alignment of our historical strengths" and "developed a multi-polar approach" with a focus on "collaboration across practices and sector groups."
As international arbitration evolves, Hamilton concludes, "[s]trategy is paramount. It will not be boring."
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