Originally from Pro-Arbitration Revisited: A Tribute to Professor George Bermann from his Students Over the Years

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It is an honor to contribute to this tribute to Professor Bermann and his extraordinary contribution to higher learning in particular in the field of international arbitration and to present this brief reflection on his article, “What Does it Mean to Be ‘Pro-Arbitration’?” In honor of Professor Bermann’s wide-ranging interests, I thought that he would enjoy a piece that ties his arbitration-centered analysis to another issue vital to the international legal community—sustainable development.  I am very grateful to Professor Bermann for his excellent teaching while I attended Columbia Law School, for his guidance during my time as a research assistant, and for sharing his wisdom about international arbitration, international trade, and European law with me and so many others.

I. VALUE TRADE-OFFS IN INTERNATIONAL ARBITRATION

In his 2018 article “What Does it Mean to Be ‘Pro-Arbitration’?,”  Professor Bermann notes that “shortcomings notwithstanding, international arbitration has been overwhelmingly a success story.  It has posited admirable international dispute resolution objectives and has succeeded remarkably in achieving them.”