Originally from The MENA Leading Arbitrators’ Guide to International Arbitration

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I. INTRODUCTION: OUR GENERATION’S PARADIGM SHIFT IN ARBITRATION

Paraphrasing Leonard Cohen’s famous song,  I submit that democracy is finally coming to arbitration agreements in the MENA region. Both in their use (their inclusion by commercial parties), and their practice (their activation), arbitration clauses and agreements have become not only popular but also more democratic. The cornerstones of this democratization are: (1) General unfettered access to commercial arbitration and (2) genuine freedom of choice of arbitration parameters.

The last decade has, beyond doubt, been a transformational one for arbitration in the MENA region. There has been an unprecedented growth in the number of arbitrations in the region and a surge in arbitration as a dispute resolution mechanism. We have also witnessed central cities in the region becoming hotspots (and, in some cases, world-class hubs) for arbitration and businesses echoing this trend in choosing MENA jurisdictions as arbitration seats. Through its evolution over the last decade, arbitration in the MENA region has been gradually shedding its shackles. Global paradigm shifts have accelerated the process and acted as a catalyst for freeing arbitration agreements in the region.

Global paradigm shifts come around once in a generation or generations: they happened with historical events like the Great Depression, World War II, and September 11th. The outbreak of the Coronavirus pandemic in early 2020 had a pervasive and devastating impact on human health and life around the globe, with significant repercussions for businesses worldwide. It is our generation’s paradigm shift. Paradigm shifts are not mere changes or turbulences.