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The "Gateway" Problem In International Commercial Arbitration, George A. Bermann
The "Gateway" Problem In International Commercial Arbitration, George A. Bermann
Faculty Scholarship
Participants in international commercial arbitration have long recognized the need to maintain arbitration as an effective and therefore attractive alternative to litigation, while still ensuring that its use is predicated on the consent of the parties and that the resulting awards command respect. A priori, at least, all participants – parties, counsel, arbitrators, arbitral institutions – have an interest in ensuring that arbitration delivers the various advantages associated with it, notably speed, economy, informality, technical expertise, and avoidance of national fora, while producing awards that withstand judicial challenge and otherwise enjoy legitimacy.
National courts play a potentially important policing role …
'Domesticating' The New York Convention: The Impact Of The Federal Arbitration Act, George A. Bermann
'Domesticating' The New York Convention: The Impact Of The Federal Arbitration Act, George A. Bermann
Faculty Scholarship
Much as one may try to universalize and even ‘de-nationalize’ international commercial arbitration – whether through Conventions, uniform or model laws or soft law – the phenomenon remains profoundly affected by national law and policy. That is indeed very much one of the leitmotifs of this book.
The incongruities – big and small – between domestic and international arbitration regimes typically present themselves on a purely ad hoc basis; that is to say, in specific and often isolated contexts, as when a particular case in a national court produces a result that looks anomalous from the point of view of …