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International arbitration

Selected Works

Randy D. Gordon

Articles 1 - 3 of 3

Full-Text Articles in Law

Only One Kick At The Cat: A Contextual Rubric For Evaluating Res Judicata And Collateral Estoppel In International Commercial Arbitration, Randy D. Gordon Jun 2018

Only One Kick At The Cat: A Contextual Rubric For Evaluating Res Judicata And Collateral Estoppel In International Commercial Arbitration, Randy D. Gordon

Randy D. Gordon

Arbitration is the preferred method of resolving disputes arising out of international commercial transactions. It stands outside national legal systems because contracting parties agree in advance that they want neutral arbitrators — not local judges and juries — deciding who is at fault when a commercial relationship breaks down. But arbitration nevertheless butts up against litigation from time to time, often because one party attempts to arbitrate a matter that has been litigated to conclusion or vice versa. This article examines — through a contextual approach — questions of preclusion that thereby arise and ultimately suggests that res judicata and …


A Question Of Fairness: Should Noerr-Pennington Immunity Extend To Conduct In International Commerical Arbitration?, Randy D. Gordon Dec 2007

A Question Of Fairness: Should Noerr-Pennington Immunity Extend To Conduct In International Commerical Arbitration?, Randy D. Gordon

Randy D. Gordon

As arbitration has supplanted litigation as the primary method of dispute resolution between parties to international commercial relationships, questions have inevitably arisen as to when concepts first developed in litigation should apply to arbitration. Answering these questions is not always an easy task because, on the one hand, the use of arbitration is now a governmentally encouraged form of dispute resolution but, on the other hand, arbitration’s relative informality and private contractual nature still render it suspect in some eyes. This Article is concerned to examine a potent litigation weapon — viz., the Noerr-Pennington doctrine, which generally insulates litigation conduct …


Only One Kick At The Cat-A Contextual Rubric For Evaluating Res Judicata And Collateral Estoppel In Innternational Commercial Arbitration.Pdf, Randy D. Gordon Dec 2005

Only One Kick At The Cat-A Contextual Rubric For Evaluating Res Judicata And Collateral Estoppel In Innternational Commercial Arbitration.Pdf, Randy D. Gordon

Randy D. Gordon

Arbitration is the preferred method of resolving disputes arising out of international commercial transactions. It stands outside national legal systems because contracting parties agree in advance that they want neutral arbitrators — not local judges and juries — deciding who is at fault when a commercial relationship breaks down. But arbitration nevertheless butts up against litigation from time to time, often because one party attempts to arbitrate a matter that has been litigated to conclusion or vice versa. This article examines — through a contextual approach — questions of preclusion that thereby arise and ultimately suggests that res judicata and …