The American influence on international commercial arbitration : doctrinal developments and discovery methods / Pedro J. Martinez-Fraga
Imprint
New York : Cambridge University Press, 2013
Descript
xxiii, 404 pages ; 26 cm
CONTENT
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 -- 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