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Full-Text Articles in Law
International Arbitration Is Not Your Father's Oldsmobile, Kenneth F. Dunham
International Arbitration Is Not Your Father's Oldsmobile, Kenneth F. Dunham
Journal of Dispute Resolution
This article provides a short prospectus for the unwary lawyer who must venture into unfamiliar territory abroad. Although there are numerous arbitral forums available in countries all over the world, this article will focus primarily on the LCIA and the ICC. Following a brief history of international arbitration and the history of these two international arbitral forums, the article will discuss some of the major issues in international arbitration such as forum selection, issue preclusion and procedural matters. This article also includes sections on appealing awards and enforcement of awards under existing international treaties. The article is brought to a …
Role Of Federal Courts In Assisting International Arbitration - National Broadcasting Co. V. Bear Stearns & (And) Co., The, Thurston K. Cromwell
Role Of Federal Courts In Assisting International Arbitration - National Broadcasting Co. V. Bear Stearns & (And) Co., The, Thurston K. Cromwell
Journal of Dispute Resolution
This Note examines a Second Circuit decision that determined private, international arbitration proceedings do not qualify for the same discovery assistance as do foreign, governmental proceedings under 28 U.S.C. § 1782 ("§ 1782"). This Note will focus on the Second Circuit's controversial interpretation of § 1782 and its impact on the future of private, international arbitration.
Enforcing International Arbitration Agreements - Marchetto V. Dekalb Genetics Corp., Karen L. Massey
Enforcing International Arbitration Agreements - Marchetto V. Dekalb Genetics Corp., Karen L. Massey
Journal of Dispute Resolution
The importance, magnitude and frequency of international business transactions have necessitated finding an acceptable method of resolving disputes arising from such transactions. Parties to international commercial transactions often come from nations with cultures and legal systems which are greatly diverse.2 Arbitration agreements in international commercial contracts are a preferred manner of resolving disputes.3 Arbitration is a method of providing orderliness and predictability in an area in which it is necessary, but often difficult to achieve.4 In order for the arbitration system to work, courts of law must be willing to relinquish their jurisdiction and allow the arbitration system to resolve …