Read more
Addresses the US common law and its doctrinal contribution to transparency, arbitrator immunity and evidence gathering in international commercial arbitration.
List of contents
Introduction; 1. The formation and transformation of the status of international and domestic arbitration in the United States; 2. Wilko v. Swan, Scherk v. Alberto-Culver, and Mitsubishi v. Soler: Crafting a level playing field; 3. Arbitrator immunity; 4. Procedural change and 28 USC § 1782: the taking of evidence v. common law discovery; 5. The new unorthodox conception of common law transparency in international arbitration through evidence gathering and orality; 6. 28 USC § 1782 and manifest disregard of the law: is avoiding one walking into the other?; 7. Perjury and arbitration: the honor system where the arbitrators have the honor and the parties have the system; 8. 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; 9. US arbitration law and its dialogue with the New York Convention: the development of four issues; Conclusion; Appendices; Index.
About the author
Pedro J. Martinez-Fraga is a Partner in Bryan Cave Leighton Paisner, LLP's International Arbitration and Litigation Practice Group, where he is the firm's co-leader of the International Arbitration Practice Group globally. On 16 December, 2015, President Barack Obama appointed Martinez-Fraga to the Panel of Conciliators of the International Centre for Settlement of Investment Disputes (World Bank). Martínez-Fraga has represented eight countries as lead counsel, and has served as an arbitrator in ICSID (World Bank) proceedings. He has published more than sixty articles or chapters in fifteen countries, which have been published in five languages, and has written six books on public or private international law.
Summary
This book addresses the US common law and its doctrinal contribution to transparency, arbitrator immunity and evidence gathering in international commercial arbitration. It will be of use to law students, academics, commentators, judges, arbitral tribunals, and lawyers practicing in the field of international arbitration.
Additional text
'Pedro J. Martinez-Fraga's second edition of The American Influence on International Commercial Arbitration is a must-have addition to one's collection of books on international arbitration. Its thoughtful analysis of the common law development of different aspects of international arbitration leads to a depth of understanding and appreciation of complex issues that regularly arise in the field. Whether or not one agrees with all of Mr. Martinez-Fraga's conclusions, his insightful and rigorous analyses ensure that time focused on reading this book is time well-spent.' Margaret L. Moses, Mary Ann G. McMorrow Professor of Law, Director of International Law and Practice Program, Loyola University Chicago
