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The Pitfalls Of International Commercial Arbitration, James M. Rhodes, Lisa Sloan
The Pitfalls Of International Commercial Arbitration, James M. Rhodes, Lisa Sloan
Vanderbilt Journal of Transnational Law
The purpose of this Article is to examine the pitfalls of international arbitration on a broad scale. These pitfalls can be roughly grouped into two categories: (1) those endemic to the process of dispute resolution by a "private extra-judicial tribunal which derives its power from the agreement of the parties,"2 including difficulties unforeseen in the drafting of the agreement that add delay, complications, and expense to the proceedings; and (2) those related to using the rules of a particular institution. Ideally, planning and skillful drafting can eliminate both types of pitfalls and preserve the advantages of arbitration over other available …
Commercial Arbitration In Federal Courts, James F. Nooney
Commercial Arbitration In Federal Courts, James F. Nooney
Vanderbilt Law Review
With increasing frequency attorneys are confronted with disputes arising under commercial contracts which contain arbitration agreements. Before the attorney can advise the client as to his legal position and recommend a course of conduct, he must interpret the effect of the arbitration agreement. Often the first question for the attorney is whether the client (or, in turn, the opposing party) can be forced to arbitrate. The answer depends upon whether agreements to arbitrate future disputes are enforceable under the law applicable to the transaction. Where both parties to the contract are citizens of the same state, the answer is readily …