The American Influence on International Commercial Arbitration

The American Influence on International Commercial Arbitration
Author: Pedro J. Martinez-Fraga
Publisher: Cambridge University Press
Total Pages: 479
Release: 2020-07-02
Genre: Law
ISBN: 1108850790

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 International Bar Association (IBA) Rules on Evidence Gathering, the Prague Rules, and the role of 28 USC. §1782 in international arbitration.

Labor Cases

Labor Cases
Author: Commerce Clearing House
Publisher:
Total Pages: 1640
Release: 1987
Genre: Labor laws and legislation
ISBN:

A full-text reporter of decisions rendered by federal and state courts throughout the United States on federal and state labor problems, with case, table and topical index.

The American Influences on International Commercial Arbitration

The American Influences on International Commercial Arbitration
Author: Pedro J. Martinez-Fraga
Publisher: Cambridge University Press
Total Pages: 405
Release: 2009-03-30
Genre: Law
ISBN: 1139478052

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.