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A Cautionary Tale On Arbitral Authority: Judges, Arbitrators And The Stolt-Nielsen Decision, William W. Park
A Cautionary Tale On Arbitral Authority: Judges, Arbitrators And The Stolt-Nielsen Decision, William W. Park
Faculty Scholarship
Few matters prove as slippery as the allocation of tasks between judges and arbitrators in commercial disputes. A choice to arbitrate implicates waiver of access to otherwise competent courts in favor of adjudication which is both private and binding. Respect for this bargain means that judges should not normally disturb an arbitrator’s substantive conclusions.
Determining An Arbitrator's Jurisdiction: Timing And Finality In American Law, William W. Park
Determining An Arbitrator's Jurisdiction: Timing And Finality In American Law, William W. Park
Faculty Scholarship
In arbitration law, few matters engender more stimulating debate than the interaction of arbitrators and judges with respect to jurisdictional determinations. When one side asserts that it never agreed to arbitrate, or contests the arbitrator’s substantive mission or procedural powers, someone must determine the existence, validity, and/or scope of the arbitration clause.
Private Disputes And The Public Good: Explaining Arbitration Law, William W. Park
Private Disputes And The Public Good: Explaining Arbitration Law, William W. Park
Faculty Scholarship
At least two intersecting questions lurk in any study of international business arbitration. Each arises from the litigants' desire (at least when the contract was signed) for binding dispute resolution outside the framework of government-administered courts. Each brings analytic challenges that implicate cross-cultural conflicts.
Developments In International Commercial Dispute Resolution In 2003, William W. Park
Developments In International Commercial Dispute Resolution In 2003, William W. Park
Faculty Scholarship
The past year was another active one for international commercial disputes, with significant although not revolutionary developments in U.S. arbitration law, and considerable growth in investor-State disputes under investment treaties.
Arbitration Of International Contract Disputes, William W. Park
Arbitration Of International Contract Disputes, William W. Park
Faculty Scholarship
International commercial arbitration has been the victim of its own success. Arbitration is often the only dispute resolution process acceptable in business contexts where parties from different countries have rejected recourse to each other's legal system at the outset of the contractual relationship. For example, when a Swedish shipyard contracts to build tankers for an agency of the Libyan government, the Swedes are unlikely to relish the prospect of appearing before Libyan courts, and the Libyans may view submission to the courts of Sweden (or of another industrialized Western nation) as an affront to Libyan national sovereignty. Neither the Swedish …