Author ORCID Identifier

0000-0002-5453-6703

Document Type

Article

Publication Date

2012

Keywords

International commercial arbitration, U.S. federal courts, Procedural motions, International conventions and treaties, Arbitral process

Abstract

Thus, this Article aims to provide newcomers to and infrequent users of international commercial arbitration with a brief introduction to the relationship between international arbitral proceedings and U.S. federal courts. Limitations of space mean that a great deal has necessarily been left out of this discussion. For example, this Article does not describe processes internal to the arbitration, in­stead focusing solely on the interaction between tribunal, parties and court. Fur­thermore, the text often skips over basic propositions of U.S. law that are well­-established in the domestic realm so as to concentrate more heavily on elements that are unique to international disputes.

Although this Article focuses on the intersection between U.S. litigation and international commercial arbitration, there will be times when the discussion in­troduces the law and practice of other nations. This type·of limited comparative analysis is important because there are times when the U.S. approach to interna­tional commercial arbitration varies from that taken by other nations. In some cases, this divergence is problematic as a matter of international law and practice, while in other cases it is not. However, this Article does not aim to critique or defend any individual policy or procedure. Instead, the goal is simply to introduce the various issues that may arise as a tactical matter so that practitioners and arbi­trators can understand how actions taken in U.S. courts may affect procedures in the arbitration or in other national courts. One of the reasons why experienced counsel and arbitrators are so highly valued in international commercial arbitra­tion is because of their ability to see the big picture, and newcomers need to learn to develop this kind of skill if they want to be successful in this field.

Finally, the purpose of this Article is not to provide answers to particular questions, since far too much depends on the individual facts and circumstances of a particular dispute to allow for abstract generalizations. Instead, the goal is to identify a useful framework for analysis of matters relating to international com­mercial arbitration so that newcomers and infrequent participants in this area of law can approach their specific concerns with a higher degree of understanding and sophistication.

First Page

119

Publication Title

Journal of Dispute Resolution

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