Judicial Review Of Commercial Arbitration Awards In The United States
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Judicial Review of Commercial Arbitration Awards in the United States by Louis Kimmelman,Dana MacGrath Pdf
When an arbitration case occurs in the U.S. or when the party against whom an award is rendered has assets in the U.S., the U.S. is the venue for judicial enforcement proceedings. As a result, there is a growing body of law relating to the procedures and substantive issues that arise when U.S. courts are asked to confirm or set aside U.S. or international arbitral awards. An important practice guide, this volume provides practitioners with a roadmap for how to initiate and prosecute enforcement proceedings.
The Cambridge Handbook of Judicial Control of Arbitral Awards by Larry A. DiMatteo,Marta Infantino,Nathalie M-P Potin Pdf
A unique collaboration between academic scholars, legal practitioners, and arbitrators, this handbook focuses on the intersection of arbitration - as an alternative to litigation - and the court systems to which arbitration is ultimately beholden. The first three parts analyze issues relating to the interpretation of the scope of arbitration agreements, arbitrator bias and conflicts of interest, arbitrator misconduct during the proceedings, enforceability of arbitral awards, and the grounds for vacating awards. The next section features fifteen country-specific reviews, which demonstrate that, despite the commonality of principles at the international level, there is a significant of amount of differences in the application of those principles at the national level. This work should be read by anyone interested in the general rules and principles of the enforceability of foreign arbitral awards and the grounds for courts to vacate or annul such awards.
Arbitration Law in America by Edward J. Brunet Pdf
This is a book about changing the terms of American Arbitration Law. The book contains individual views of the four co-authors and criticisms of the individual recommendations of the authors. The book contains point and counterpoint and numerous controversial ideas. The authors present the competing arguments on some of the most controversial topics in arbitration---arbitration of employment disputes between employers and their former employees and arbitration of disputes between consumers and product sellers.
Recognition and Enforcement of International Commercial Arbitral Awards in Latin America by Omar E. García-Bolívar,Hernando Otero Pdf
The editors of Recognition and Enforcement of International Commercial Arbitral Awards in Latin America: Law, Practice and Leading Cases present a country-by-country review of the law, arbitral practice and leading cases on the recognition and enforcement of international commercial arbitral awards in the region. In a global economy where arbitration has become standard for dispute resolution between commercial entities of different nationalities, the enforcement of international commercial arbitral awards in local jurisdictions is the ultimate bottom-line. Yet even with international conventions in place to facilitate the process, practical information on how Latin American courts enforce international commercial arbitral awards is limited. Organized by country, each chapter provides a relevant overview and guide to the substantive and procedural practice in the jurisdiction. In contrast to other sources of information and databases, the book provides excerpts of leading cases, analyses of relevant laws and international treaties and descriptions of local practice.
Author : Herbert Kronke,Patricia Nacimiento,Dirk Otto Publisher : Kluwer Law International B.V. Page : 674 pages File Size : 49,9 Mb Release : 2010-01-01 Category : Law ISBN : 9789041123565
Recognition and Enforcement of Foreign Arbitral Awards by Herbert Kronke,Patricia Nacimiento,Dirk Otto Pdf
The analysis thoroughly covers the major issues that have arisen in the application of the Convention, including the following: - the use of reservations made by Contracting States; - the distinctions between recognition and enforcement and between recognition sought at the seat of the arbitration and outside the seat; - the role of the courts in reviewing arbitral awards and, in particular, the Convention's focus on safeguarding due process standards; - the more favourable rightsA" principle embodied in Article VII(1); - the relevance of forum shopping and asset spotting to the application of the Convention; and - the role of formalities and formalism. The end result is an invaluable work that will prove enormously useful to all international commercial arbitration practitioners and scholars, regardless of location.
Edward Brunet,Richard E. Speidel,Jean E. Sternlight,Stephen J. Ware
Author : Edward Brunet,Richard E. Speidel,Jean E. Sternlight,Stephen J. Ware Publisher : Cambridge University Press Page : 424 pages File Size : 44,8 Mb Release : 2006-01-09 Category : Law ISBN : 9781107320673
Arbitration Law in America by Edward Brunet,Richard E. Speidel,Jean E. Sternlight,Stephen J. Ware Pdf
Arbitration Law in America: A Critical Assessment is a source of arguments and practical suggestions for changing the American arbitration process. The book argues that the Federal Arbitration Act badly needs major changes. The authors, who have previously written major articles on arbitration law and policy, here set out their own views and argue among themselves about the necessary reforms of arbitration. The book contains draft legislation for use in international and domestic arbitration and a detailed explanation of the precise justifications for proposed legislative changes. It also contains two proposals that might be deemed radical - to ban arbitration related to the purchase of products by consumers and to prohibit arbitration of employment disputes. Each proposal is vetted fully and critiqued by one or more of the other co-authors.
International Arbitration and Public Policy by Devin Bray,Heather L. Bray Pdf
International Arbitration and Public Policy includes articles that originally appeared in the Stockholm Arbitration Report (SAR) and the Stockholm International Arbitration Review (SIAR). The articles have been revised and updated for this publication. The authors and articles selected include a wide range of perspectives and include judges, arbitrators, seasoned practitioners and well-respected scholars that can account for the first-hand practice-orientated developments of international arbitration. The book is set out in two parts. In the first part of the book the authors tackle the daunting task of articulating the architecture and function of international public policy, highlighting its domestic and transnational dimensions as well as procedural and substantive contours. In the second part of the book, the authors tease out specific manifestations of the international public policy concept, addressing issues commonly seen in the application of the public policy concept in various jurisdictions and regions of the world, including the United States, Sweden, Switzerland, Ukraine, and East Asia, as well as under New York Convention.
International Arbitration in the United States by Laurence Shore,Tai-Heng Cheng,Jenella E. La Chuisa,Lawrence Schaner,Mara V.J. Senn Pdf
International Arbitration in the United States is a comprehensive analysis of international arbitration law and practice in the United States (U.S.). Choosing an arbitration seat in the U.S. is a common choice among parties to international commercial agreements or treaties. However, the complexities of arbitrating in a federal system, and the continuing development of U.S. arbitration law and practice, can be daunting to even experienced arbitrators. This book, the first of its kind, provides parties opting for “private justice” with vital judicial reassurance on U.S. courts’ highly supportive posture in enforcing awards and its pronounced reluctance to intervene in the arbitral process. With a nationwide treatment describing both the default forum under federal arbitration law and the array of options to which parties may agree in state courts under state international arbitration statutes, this book covers aspects of U.S. arbitration law and practice as the following: .institutions and institutional rules that practitioners typically use; .ethical considerations; .costs and fees; .provisional measures; and .confidentiality. There are also chapters on arbitration in specialized areas such as class actions, securities, construction, insurance, and intellectual property.
Commercial Arbitration by Nicholas R. Weiskopf Pdf
In the past few decades, the United States Supreme Court has led an extraordinary embrace of commercial arbitration as a favored form of alternative dispute resolution. First, using an extremely broad definition of "interstate commerce," it has extended the preemptive reach of the Federal Arbitration Act (FAA) and the underlying federal caselaw of arbitration, to the fullest possible constitutional limit so as to preempt state law attempts to regulate arbitral processes in any manner deemed at all hostile to federal policies. Second, operating under the FAA, the Court has ruled that so-called "public" statutory claims for discrimination, securities fraud, antitrust and RICO are covered by conventional pre-dispute agreements to arbitrate, even under contracts of adhesion. With this incredible growth of arbitration, on both the national and international levels, has come increased focus on whether and, if so, when, arbitrators may depart from specific rules of law to do perceived "justice." So too, as the Supreme Court continues to resolve issues as to which lower courts are in conflict, certain legal uncertainties are given resolution, but others are created, including those of the maintainability of arbitral class actions and party flexibility to expand the scope of otherwise highly limited judicial review of awards. This text attempts to combine the theoretical with the practical, so it also focuses on arbitral procedures and discusses differences in handling certain types of cases in arbitration as opposed to court. To the extent arbitration is a creature of contract, there is also attention paid to the use of drafting to accomplish client objectives. There are also ample Appendices containing rules of arbitral tribunals, statutory texts, and other authoritative materials. Hopefully, this book will serve not only as the basis for a two or three point law school course, but as a useful law office reference as well. Nicholas R. Weiskopf is Professor of Law, St. John's University School of Law. He graduated from Columbia College in 1966, and Columbia Law School (Magna Cum Laude) in 1969. He practiced as a litigator in major New York City firms for over a decade, during which time he was Lecturer in Law at Columbia Law School. At St. John's since 1982, Professor Weiskopf teaches Contracts and Commercial Arbitration. He has served as a neutral and as a designated arbitrator in major commercial disputes, and as an expert witness in arbitrations both here and abroad. He has also participated in many commercial and securities arbitrations as counsel. He has written in the areas of securities regulation, contracts and commercial arbitration over a forty year span.
Cases and Materials on Commercial Arbitration by Thomas E. Carbonneau Pdf
Cases & Materials covers all essential aspects of the arbitral process & are divided between commentary & texts. The book accomplishes both an informational & analytical function. Cases & statutes are followed by extensive & rigorous evaluations. While focusing principally on domestic arbitration within the United States, the work does not ignore either the cross-border or the comparative dimensions of arbitral dispute resolution. The Materials address a number of procedural questions that have arisen in practice & emphasize, as critically important, the drafting of arbitration agreements & counseling on matters of arbitration. "The book begins with considerable attention to the theoretical basis for enforcing arbitration agreements & awards. In this connection, Carbonneau respects & explains the vital distinction between labor & commercial disputes better than many judges & scholars have done. Two chapters are spent on the important issue of how federalism affects arbitration law. An excellent chapter on arbitration & statutory rights takes the reader through the doctrinal evolution of "subject matter arbitrability," both in the traditional problems areas of securities & antitrust, & in the more current hot topics of age & sex discrimination in employment. Four chapters deal with international aspects of arbitration, including a look at arbitration law in several non-American jurisdictions, & an examination of treaty-created arbitration under NAFTA, the Iran Claims Tribunal & the Iraqi War Claims Commissions. The book's great strengths are twofold. First, its encyclopedic completeness misses no major case. Second, Professor Carbonneau devotes an almost loving attention to detail in his clear introductions & carefully weighed analytic comments & questions. With grace, elegance & style, Professor Carbonneau has put together a superb work on American arbitration law. His materials would be a bargain even at twice the price." William W. Park Professor of Law, Boston University Counsel, Ropes & Gray, Boston Vice President, London Court of International Arbitration "Tom Carbonneau's 'Cases & Materials on Commercial Arbitration' is a major contribution to the literature on arbitration. ... it contains not only excerpts of the most important U.S. cases on arbitration but also extensive commentary & analysis that will prove invaluable to practitioners, policy makers & academics who are already familiar with the field. The documentary supplement will also prove immensely valuable, particularly to those who are interested in international arbitration practice. Jean R. Sternlight Professor of Law, Florida State University Director of Education & Research, Florida Dispute Resolution Center.
Contemporary Problems in International Arbitration by Julian Lew Pdf
The establishment of a School of International Arbitration was a sufficiently important occurrence to have brought to London, for its inaugural conference, most of the world's leading experts on international arbitration. The three-day Symposium on March 25-27, 1985 sought to identify and consider the It was not the aim contemporary problems affecting international arbitration. of the Symposium to develop, propose or agree solutions to these problems, but rather to discuss the issues and alternative solutions. The success of the School will be measured in the future by its contribution, through research and teaching, to the development of solutions to the difficulties and uncertainties which reduce the effectiveness of international arbitration agreements and awards and the conduct of international arbitral proceedings. This book reproduces the papers presented at the Symposium (amended and varied by several contributors). It is not considered appropriate here to comment on or analyse paper by paper the ideas presented or discussions which ensued. However, it would be appropriate to make reference to specific developments in the short period since the Symposium directly relevant to the papers reproduced and the discussions which ensued. The pertinence of the subject-matter selected becomes clear from these subsequent developments.
Author : James H Carter Publisher : Law Business Research Ltd. Page : 592 pages File Size : 48,6 Mb Release : 2017-09-19 Category : Electronic ISBN : 9781912377718
International Arbitration Review by James H Carter Pdf
The International Arbitration Review, edited by James H Carter of Wilmer Cutler Pickering Hale and Dorr, provides an analytical review of what has occurred in each of the important arbitration jurisdictions during the past year, capturing recent developments and putting them in the context of the jurisdiction's legal arbitration structure and selecting the most important matters for comment. In this book, leading practitioners seek to provide current information on both general international commercial arbitration and international investment arbitration, treating important investor-state dispute developments in each jurisdiction as a separate but closely related topic. There are in-depth examinations of arbitration in 41 jurisdictions as well as editorial chapters on The Impact of Corporate Taxation on Economic Losses, and overviews on ASEAN and Africa. Contributors include: Bart Legum, Michelle Bradfield and Jean-Christophe Honlet, Dentons; James Nicholson, FTI Consulting."e;This new and timely publication promises to tackle pressing and present day global concerns and to make valuable contributions to the ongoing dialogue on international arbitration"e; - Peter Tomka, President, International Court of Justice, The Hague"e;Comprehensive and topical, an excellent reference."e; - Professor Christine Mallin, University of Birmingham Business School"e;The most discursive and engaging survey of the world of arbitration today."e; - Jamie Maples, Weil Gotshal & Manges LLP
Recognition and Enforcement of Foreign Arbitral Awards in Theory and in Practice by Ihab Abdel Salam Amro Pdf
This book initiates a discussion of the law and practice of recognition and enforcement of foreign arbitral awards in both common law and civil law countries. In terms of law, this book principally focuses on the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958, and the harmony or clash between the New York Convention and national arbitration laws of both common law and civil law countries including the UK and the USA (as common law countries), and France, Germany and Greece (as civil law countries). In terms of practice, this book deeply and extensively examines the judicial application of the New York Convention in national courts of common law and civil law countries, and sheds light on the best practices related to the judicial application of the New York Convention, while also highlighting how future disputes can be resolved in national courts. As such, this book provides solutions for salient and recurring problems arising out of the erroneous judicial application or interpretation of the New York Convention by national courts, and encourages the adoption of a more liberal regime in favour of the recognition and enforcement of foreign arbitral awards generally, and the adoption of a more liberal interpretation of the New York Convention in national courts of both common law and civil law countries particularly. This book, which is based on more than 100 courts’ decisions from common law and civil law countries, is a valuable resource for academics, arbitrators, practicing lawyers, corporate counsels, law students and researchers interested in international commercial arbitration, as well as for business professionals involved in international trade, and those who are willing to solve their commercial disputes through arbitration.
Arbitration and the Constitution by Peter B. Rutledge Pdf
Arbitration has become an increasingly important mechanism for dispute resolution, both in the domestic and international setting. Despite its importance as a form of state-sanctioned dispute resolution, it has largely remained outside the spotlight of constitutional law. This landmark work represents one of the first attempts to synthesize the fields of arbitration law and constitutional law. Drawing on the author's extensive experience as a scholar in arbitration law who has lectured and studied around the world, the book offers unique insights into how arbitration law implicates issues such as separation of powers, federalism, and individual liberties.
