Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
The American Law Institute Goes Global: The Restatement Of International Commercial Arbitration, George A. Bermann
The American Law Institute Goes Global: The Restatement Of International Commercial Arbitration, George A. Bermann
Faculty Scholarship
The American Law Institute's new Restatement of the U.S. Law of International Commercial Arbitration is only barely underway, and the reporters began with a chapter, namely the recognition and enforcement of awards, that should represent for them a comfort zone of sorts within the overall project. Yet, already a number of difficult, and to some extent unexpectedly difficult, questions have arisen. Some of the difficulties stem from the very nature of an ALI Restatement project. Others stem from the nature of arbitration itself and, more particularly, from the inherent tension between arbitral and judicial functions in the arbitration arena. Still …
The International Legal Status Of Foreign Government Deposits In Overseas Branches Of U.S. Banks, Robert B. Owen, Lori Fisler Damrosch
The International Legal Status Of Foreign Government Deposits In Overseas Branches Of U.S. Banks, Robert B. Owen, Lori Fisler Damrosch
Faculty Scholarship
Political as well as economic forces can lead governments to default on their obligations to foreign banks. For example, the demand of the revolutionary government of Iran that the United States return he former Shah and his wealth to Iran and the subsequent seizure of American embassy personnel in Tehran on November 4, 1979, were political events which quickly resulted in a default on Iranian obligations to U.S. banks.
Following the embassy seizure, the status of the Iranian Government's huge deposits in overseas branches of U.S. banks quickly came into question. In an effort to coerce the United States to …