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
9 - U.S. Arbitration Law and Its Dialogue with the New York Convention: The Development of Four Issues
Published online by Cambridge University Press: 18 June 2020
- 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 ninth and final chapter analyzes U.S. arbitration doctrinal developments and their dialogue with the New York Convention. Four discrete issues are reviewed: (i) the relationship between non-signatories to arbitration agreements and their obligation to arbitrate, (ii) jurisdiction over an arbitral award debtor as a predicate to enforcement, (iii) the interjection of forum non conveniens in arbitral enforcement proceedings, and (iv) the tensions between rendering states and secondary enforcing states with respect to annulled international arbitration awards.
Keywords
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- Information
- The American Influence on International Commercial ArbitrationDoctrinal Developments and Discovery Methods, pp. 338 - 377Publisher: Cambridge University PressPrint publication year: 2020