The American Influence on International Commercial Arbitration Doctrinal Developments and Discovery Methods
Book contents
- The American Influence on International Commercial Arbitration
- The American Influence on International Commercial Arbitration
- Copyright page
- Dedication
- Epigraph
- Contents
- Foreword
- Preface
- Acknowledgments
- Table of Cases
- Table of Statutes and Rules
- Other Authorities
- Introduction
- 1 The Formation and Transformation of the Status of International and Domestic Arbitration in the United States
- 2 Wilko v. Swan, Scherk v. Alberto-Culver, and Mitsubishi v. Soler: Crafting a Level Playing Field
- 3 Arbitrator Immunity
- 4 Procedural Change and 28 U.S.C. § 1782: The Taking of Evidence v. Common Law Discovery
- 5 The New Unorthodox Conception of Common Law Transparency in International Arbitration Through Evidence Gathering and Orality
- 6 28 U.S.C. § 1782 and Manifest Disregard of the Law: Is Avoiding One Walking into the Other?
- 7 Perjury & Arbitration: The Honor System Where the Arbitrators Have the Honor and the Parties Have the System
- 8 Developments in the Apportionment of Jurisdiction Between Arbitrators and Courts Concerning the Validity of a Contract Containing an Arbitration Clause, and Transformations: Regarding the Severability Doctrine
- 9 U.S. Arbitration Law and Its Dialogue with the New York Convention: The Development of Four Issues
- Conclusion
- Book part
- Index
5 - The New Unorthodox Conception of Common Law Transparency in International Arbitration Through Evidence Gathering and Orality
Published online by Cambridge University Press: 18 June 2020
Book contents
- The American Influence on International Commercial Arbitration
- The American Influence on International Commercial Arbitration
- Copyright page
- Dedication
- Epigraph
- Contents
- Foreword
- Preface
- Acknowledgments
- Table of Cases
- Table of Statutes and Rules
- Other Authorities
- Introduction
- 1 The Formation and Transformation of the Status of International and Domestic Arbitration in the United States
- 2 Wilko v. Swan, Scherk v. Alberto-Culver, and Mitsubishi v. Soler: Crafting a Level Playing Field
- 3 Arbitrator Immunity
- 4 Procedural Change and 28 U.S.C. § 1782: The Taking of Evidence v. Common Law Discovery
- 5 The New Unorthodox Conception of Common Law Transparency in International Arbitration Through Evidence Gathering and Orality
- 6 28 U.S.C. § 1782 and Manifest Disregard of the Law: Is Avoiding One Walking into the Other?
- 7 Perjury & Arbitration: The Honor System Where the Arbitrators Have the Honor and the Parties Have the System
- 8 Developments in the Apportionment of Jurisdiction Between Arbitrators and Courts Concerning the Validity of a Contract Containing an Arbitration Clause, and Transformations: Regarding the Severability Doctrine
- 9 U.S. Arbitration Law and Its Dialogue with the New York Convention: The Development of Four Issues
- Conclusion
- Book part
- Index
Summary
The fifth chapter consists of a discussion of the International Bar Association (“IBA”) Rules on the Taking of Evidence in International Arbitration, with reference to the Rules of Arbitration of the International Chamber of Commerce, the Rules of the International Center for Dispute Resolution, and the Rules of the London Court of International Arbitration. This section culminates with a synthesis of international arbitration rules analyzed through the prism of party-autonomy and some of the more salient features comprising the very fabric of the common law. Chapter five as well explores the “Prague Rules.”
Keywords
U.S. Arbitration HistoryEnglish arbitration historyU.S. common law of international commercial arbitrationU.S. history of international arbitrationCommerce Clause and international arbitrationFederal Arbitration Actvacatur arbitral awardsrecognitionenforcement arbitration awardsIBA Rules on the Taking of Evidence in International ArbitrationPrague Rulesmanifest disregard of the lawcompetence–competenceapportionment of jurisdiction between courts and arbitral tribunalsseverability doctrineoath taking in arbitrationperjury in arbitrationfederal preemption doctrinediscovery in aid of execution of arbitral awarddevelopment of arbitrationarbitrator immunityarbitrator liabilityjudicial immunityjudicial liabilityUniform Arbitration ActCivil War and arbitrationReconstruction amendments and arbitrationpost–Civil WarSupreme Court and arbitrationCivil War Reconstruction and arbitrator immunityCivil War Reconstruction and judicial immunityCivil War Reconstruction and judicial liabilityarbitration forum selection clausearbitration and the U.S. Supreme Courtfederal law and arbitrator immunitystate law and arbitrator immunityarbitration settlement
- Type
- Chapter
- Information
- The American Influence on International Commercial ArbitrationDoctrinal Developments and Discovery Methods, pp. 178 - 260Publisher: Cambridge University PressPrint publication year: 2020