"Arbitration is becoming an indispensible component in solving international commercial conflicts"

LEADERS LEAGUE: What trends are you are seeing emerge in commercial arbitration?

Javier Íscar: I believe that international commercial arbitration is undergoing an evolution that goes hand in hand with social, cultural, and economic changes. The trend is a sum of (i) traditional breaches of contract matters related to strictly substantive or legal issues such as those arising from conflicts in construction, engineering, energy, or M&A, (ii) due to exogenous elements (e.g., the pandemic, war, and energy crisis) leading to arbitrations due to force majeure, rebus clause, among others and (iii) arbitrations with ESG, AI, and cryptocurrency components which are becoming increasingly relevant in the drafting of contracts, demands of these contracts, and their fulfillment.

How is the political environment affecting arbitration?

Companies flee unstable markets for a variety of reasons, one of them being the growing number of investment and commercial arbitrations during exchange situations, especially when there is a lack of security in the investment and legal areas. We are seeing and will see in the future an increase in the number of arbitrations caused by criteria changes in the States or in the contractors due to the current supply-chain crisis and international political situation. Additionally, arbitration will become indispensible in terms of the clause chosen to solve international commercial conflicts.

You were re-elected president of the Iberian-American Arbitration center (CIAR) on a two-year term. What are your objectives?

Being elected unanimously by more than 70 members while also having the support of SEGIB and COMJIB is not only exciting but a very important challenge. Our first objective is for CIAR to become the main Court of Arbitration in the region for all conflicts related to international trade between Ibero-American companies, especially SMEs.

Our first objective is for CIAR to become the main Court of Arbitration in the region for all conflicts related to international trade between Ibero-American companies, especially SMEs

We also created the center’s 2023-2025 plan with three essential goals: (i) ensure that the CIAR clause is the one listed in contracts between companies within the region, (ii) expand and improve relationships with our members, and (iii) consolidate collaboration with the Summit of the Ibero-American Heads of State through the SEGIB and CEIB, the Ibero-American Business Council.

What is the current relationship between Centro Internacional de Arbitraje (CIAM) and CIAR?

At the head of CIAM, we are fortunate to have had a succession of recognized professionals in international arbitration such as José María Alonso and Jose Antonio Cainzos.

The arbitration community is a close-knit group. Each court of arbitration advocates for its own goals, as well as competition. This is healthy for the arbitration industry and for those who use it as a legal dispute method. We are also not against the idea of creating joint strategies between CIAR and CIAM. It is something that the partners of both institutions will have to evaluate, and surely the arbitration community would have a positive response.

What is the theme of Open de Arbitraje 2023?

We are more excited than ever for the Arbitration Open and that is why this year we have a unique staging. Just as fantasies and illusions in stories can inspire us, we will address the most current and up-to-date issues in commercial and investment arbitration. Just imagine sharing two days of quality arbitration with Peter Pan, The Three Little Pigs, Aladdin, Charlie and the Chocolate Factory, Pied Piper of Hamelin, The Cicada and the Ant, and every other childhood story that evokes good memories and invites us to reflect on each moral that we might also encounter in our personal and professional day-to-day life. It is an invitation to think positively