The American Influences on International Commercial by Pedro J. Martinez-Fraga PDF
By Pedro J. Martinez-Fraga
This article strains the contours of U.S. doctrinal advancements referring to foreign advertisement arbitration. It explores foreign advertisement arbitration as a bridge that creates symmetry among what the writer perceives as an anomaly coming up from the disparities among the monolithic framework coming up from fiscal globalization and a fragmented worldwide judicial counterpart. in particular, American universal legislations discovery precepts are analyzed in the course of the prism of the basic precepts of party-autonomy, predictability, uniformity, and transparency of spender, which the writer contends to be the rudimentary tenets of either the yankee universal legislation procedural rubric and the very ideas that overseas advertisement arbitration seeks not just to maintain yet to reinforce. for that reason, because the writer asserts, the invention procedure endemic to American universal legislations comports extra heavily with foreign advertisement arbitration either procedurally and theoretically than with these of the "taking of facts" technique widespread in foreign advertisement arbitrations held less than the auspices of arbitral institutional our bodies.
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Additional resources for The American Influences on International Commercial Arbitration: Doctrinal Developments and Discovery Methods
Disp. Resol. J. 1 (2007); Larry J. Pittman, The Federal Arbitration Act: The Supreme Court’s Erroneous Statutory Interpretation, Stare Decisis, and a Proposal for Change, 53 Ala. L. Rev. 789 (2002); and F. Chet Taylor, The Arbitrability of Federal Securities Claims: Wilko’s Swan Song, 42 U. Miami L. Rev. 203 (1987). 4 48 Stat. C. A. , s. 12(2), 48 Stat. C. A. §771(2), reads “any person who – paragraph 2 sells a security (whether or not exempted by the provisions of s. 77c of this title, other than paragraph (2) of subsection (a) of s.
Alberto-culver, and mitsubishi v. soler Third, in this same spirit, the Court notes that arbitrations lack a “complete record of their proceedings,” and, therefore, presumably here too a claimant would be prejudiced. As with the second proposition, this premise assumes that a record of the proceedings identical to a judicial action is a sine qua non to the equitable administration of justice. It, however, turns a blind eye on the practical likelihood of an arbitral process keeping meticulous records of evidence and testimony, not to mention that the multiple federal and state judicial jurisdictions lack uniformity with respect to dispositive rules of judicial administration.
32 The fourth and final pillar of the court’s reasoning reposes on the twin national principles that diminish arbitration as a viable alternative dispute resolution methodology when compared to judicial recourse; namely, that arbitration is best tailored for simple contractual disputes entailing de minimus complexities and little, if any, public policies. There is no substitute for the opinion’s own language: On the other hand, the claim here is that the agreement itself was an instrument of illegality; in addition, the issues in antitrust cases are prone to be complicated, and the evidence extensive and diverse, far better suited to judicial than to arbitration procedures.
The American Influences on International Commercial Arbitration: Doctrinal Developments and Discovery Methods by Pedro J. Martinez-Fraga