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
Conclusion
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
Eliminating the badges of judicial prejudice and hostility against arbitration has been a gradual doctrinal development, but certainly one that reached fruition with the Supreme Court’s mandate in Mitsubishi. The acceptance of arbitration as an alternative dispute resolution methodology in domestic and international contexts by all stakeholders has advanced the cause of fashioning a dispute resolution framework that helps to meet the contemporary demands of economic globalization. It has mitigated the fissure between an economic order characterized by the development of a transnational monolithic market and a fragmented international legal order.
- Type
- Chapter
- Information
- The American Influence on International Commercial ArbitrationDoctrinal Developments and Discovery Methods, pp. 378 - 380Publisher: Cambridge University PressPrint publication year: 2020