All posts tagged International Arbitration Cases and Materials Aspen

This chapter addresses the recognition and enforcement of international arbitral awards. First, the chapter discusses the presumptive obligation of national courts, under the New York Convention and most other international instruments and national arbitration statutes, to recognize international arbitral awards. Second, the chapter discusses the various exceptions under international and . . . Read more

This chapter examines issues relating to the finality of international arbitral awards and the mechanisms for challenging that finality, particularly annulment of awards. First, the chapter examines the presumptive finality and res judicata effects of awards under both the New York Convention and most national arbitration statutes. Second, the chapter . . . Read more

This chapter examines the choice of substantive law applied to the merits of the parties’ dispute in an international arbitration. The chapter first considers the choice of substantive law by international arbitrators in the absence of any agreement by the parties as to the law governing their dispute, including the . . . Read more

This chapter addresses the subject of provisional or interim measures of protection (“provisional measures”),1 designed to protect parties or property during the pendency of international arbitral proceedings. Properly defined, “provisional measures” are awards or orders issued for the purpose of protecting one or both parties to a dispute from damage . . . Read more

This chapter explores the procedural aspects of international arbitral proceedings in commercial, investment and inter-state settings. First, the chapter considers the choice of procedures in international arbitration, including the autonomy of parties to select procedures, the limits on that autonomy and the discretion of arbitral tribunals to establish arbitral procedures. . . . Read more

The selection and removal of arbitrators is one of the most important aspects of international arbitral proceedings.1 This chapter first examines the selection of arbitrators, including by the parties’ agreement and by non-judicial appointing authorities. Second, the chapter considers the role of national courts in selecting arbitrators. Third, the chapter . . . Read more

International arbitrations take place within a complex and vitally-important international legal framework. As summarized in this introductory chapter, contemporary international conventions, national arbitration legislation, and institutional arbitration rules provide a specialized and highly-supportive enforcement regime for most contemporary international commercial arbitrations and international investment arbitrations. A significantly less detailed legal . . . Read more

A critical issue in any international arbitration is the location of the arbitral seat (or place of arbitration). This chapter examines practical and legal issues arising in connection with the selection of the arbitral seat. First, the chapter examines the meaning and importance of the choice of the arbitral seat. . . . Read more

As we have seen, virtually all international and national legal regimes regard arbitration as consensual and provide that only the parties to an arbitration agreement are obliged to comply with that agreement.1 In most cases, the parties to an arbitration agreement are—and are only—the entities that executed the underlying contract . . . Read more