Author ORCID Identifier

0000-0002-5453-6703

Document Type

Article

Publication Date

2012

Keywords

International commercial arbitration, New York Convention, Anti-suit injunction, Litigation rates, Choice of law

Abstract

National courts are becoming increas­ingly involved with international commercial arbitration. Although this observa­tion may be disheartening to those who support the autonomy of the international arbitral regime, the continued interaction between courts and tribunals is less troubling to those who view international commercial arbitration as a "hybrid" method of dispute resolution, with numerous opportunities for permissible "border crossings. "

That is not to say that courts can or should become involved with every as­pect of arbitration. Instead, impermissible "border incursions" diminish the effec­tiveness of international commercial arbitration and could erode public or private support for the international arbitral regime. Therefore, courts, counsel, and commentators must remain vigilant in policing borders. skirmishes, both to protect permissible border crossings and minimize improper border incursions.

First Page

1

Publication Title

Journal of Dispute Resolution

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