The American influence on international commercial arbitration : doctrinal developments and discovery methods / Pedro J. Martinez-Fraga.
2009
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Details
Title
The American influence on international commercial arbitration : doctrinal developments and discovery methods / Pedro J. Martinez-Fraga.
Imprint
Cambridge : Cambridge University Press, 2009.
Description
1 online resource (xxviii, 404 pages) : digital, PDF file(s)
Formatted Contents Note
Introduction
The formation and transformation of the status of international and domestic arbitration in the United States
Wilko v. Swan, Scherk v. Alberto-Culver, and Mitsubishi v. Soler : crafting a level playing field
Procedural change and 28 U.S.C. 1782 : the taking of evidence v. common law discovery
The gathering of evidence v. common law discovery
What has really happened? The effects of a trilogy examined
The new unorthodox conception of common law discovery in international arbitration
And now how do we avoid 28 U.S.C. Section 1782 in international commercial arbitration?
Perjury & arbitration : the honor system where the arbitrators have the honor and the parties have the system
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
U.S. arbitration law and its dialogue with the New York Convention : the development of four issues.
The formation and transformation of the status of international and domestic arbitration in the United States
Wilko v. Swan, Scherk v. Alberto-Culver, and Mitsubishi v. Soler : crafting a level playing field
Procedural change and 28 U.S.C. 1782 : the taking of evidence v. common law discovery
The gathering of evidence v. common law discovery
What has really happened? The effects of a trilogy examined
The new unorthodox conception of common law discovery in international arbitration
And now how do we avoid 28 U.S.C. Section 1782 in international commercial arbitration?
Perjury & arbitration : the honor system where the arbitrators have the honor and the parties have the system
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
U.S. arbitration law and its dialogue with the New York Convention : the development of four issues.
Summary
This text traces the contours of US doctrinal developments concerning international commercial arbitration. It explores international commercial arbitration as a bridge that creates symmetry between what the author perceives as an anomaly arising from the disparities between the monolithic framework arising from economic globalization and a fragmented global judicial counterpart. Specifically, American common law discovery precepts are analyzed through the prism of the fundamental precepts of party-autonomy, predictability, uniformity, and transparency of spender, which the author contends to be the rudimentary tenets of both the American common law procedural rubric and the very principles that international commercial arbitration seeks not only to preserve but to enhance. Therefore, as the author asserts, the discovery process endemic to American common law comports more closely with international commercial arbitration both procedurally and theoretically than with those of the 'taking of evidence' methodology commonly used in international commercial arbitrations held under the auspices of arbitral institutional bodies.
Note
Title from publisher's bibliographic system (viewed on 05 Oct 2015).
Location
WWW
Available in Other Form
Print version:
Linked Resources
Alternate Title
Cambridge Core.
Language
English
ISBN
9780511576669 ebook
9780521765886 (hardback)
9781107679375 (paperback)
9780521765886 (hardback)
9781107679375 (paperback)
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