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Additional resources for The American Influences on International Commercial Arbitration: Doctrinal Developments and Discovery Methods

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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.

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