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Vol 25 No 2 Feb/March 2020

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Lewin on Trusts

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The American Influences on International Commercial Arbitration: Doctrinal Developments and Discovery Methods 2nd ed


ISBN13: 9781107151529
Previous Edition ISBN: 9780521765886
To be Published: June 2020
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £99.99



As in its first edition, this book traces the contours of select US common law doctrinal developments concerning international commercial arbitration. This new edition supplements the foundational work contained in the first edition in order to produce a broader and deeper work. The author explores how the US common law may help bridge cross-cultural legal differences by focusing on the need to address these contrasting approaches through the nomenclature and goal of securing equality between party-autonomy and arbitrator discretion in international commercial arbitration.

This book thus focuses on the common law development of arbitrator immunity, as well as the precepts of party-initiative and -autonomy forming part of the US common law discovery rubric that may contribute to promoting expediency, efficiency and transparency in international commercial arbitration proceedings. It does so by carefully analyzing, among other things, the IBA Rules on Evidence Gathering, the Prague Rules, and the role of 28 U.S.C. 1782 in international arbitration.

Subjects:
Arbitration and Alternative Dispute Resolution
Contents:
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 and 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. US arbitration law and its dialogue with the New York Convention: the development of four issues
Conclusion
Appendices
Index