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Full-Text Articles in Dispute Resolution and Arbitration
Arbitration In U.S./Japanese Sales Disputes, Taro Kawakami, Dan Fenno Henderson
Arbitration In U.S./Japanese Sales Disputes, Taro Kawakami, Dan Fenno Henderson
Washington Law Review
But one area where the usefulness of arbitration is recognized almost universally is international business such as U.S./Japanese sales under discussion here. On reflection the reasons are not altogether happy ones, for most of the benefits as seen by the proponents of arbitration seem to flow largely from the inadequacies of litigation, which are especially pronounced in the transnational context. What are some of the difficulties peculiar to transnational litigation? In the U.S./Japanese context they include: differences of jurisdictional requirements; uncertainty about which law will be found to govern an international contract under current choice-of-law rules; uncertainty even as to …
Arbitration In U.S./Japanese Sales Disputes, Taro Kawakami, Dan Fenno Henderson
Arbitration In U.S./Japanese Sales Disputes, Taro Kawakami, Dan Fenno Henderson
Washington Law Review
But one area where the usefulness of arbitration is recognized almost universally is international business such as U.S./Japanese sales under discussion here. On reflection the reasons are not altogether happy ones, for most of the benefits as seen by the proponents of arbitration seem to flow largely from the inadequacies of litigation, which are especially pronounced in the transnational context. What are some of the difficulties peculiar to transnational litigation? In the U.S./Japanese context they include: differences of jurisdictional requirements; uncertainty about which law will be found to govern an international contract under current choice-of-law rules; uncertainty even as to …