Book contents
- Frontmatter
- Contents
- Table of Citations
- Acknowledgments
- Foreword
- Preface
- 1 Introduction
- 2 The Formation and Transformation of the Status of International and Domestic Arbitration in the United States
- 3 Wilko v. Swan, Scherk v. Alberto-Culver, and Mitsubishi v. Soler: Crafting a Level Playing Field
- 4 Procedural Change and 28 U.S.C. §1782: The Taking of Evidence v. Common Law Discovery
- 5 The Gathering of Evidence v. Common Law Discovery
- 6 What Has Really Happened? The Effects of a Trilogy Examined
- 7 The New Unorthodox Conception of Common Law Discovery in International Arbitration
- 8 And Now How Do We Avoid 28 U.S.C. Section 1782 in International Commercial Arbitration?
- 9 Perjury & Arbitration: The Honor System Where the Arbitrators Have the Honor and the Parties Have the System
- 10 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
- 11 U.S. Arbitration Law and Its Dialogue with the New York Convention: The Development of Four Issues
- Conclusion
- Appendix A Duelo a Garrotazos
- Appendix B Selected Cases
- Appendix C The New York Convention, The Federal Arbitration Act, and 28 U.S.C. §1782
- Appendix D Amendments to 28 U.S.C. §1782
- Appendix E Selected Rules of Civil Procedure
- Appendix F Geneva Convention of 1927
- Appendix G Selections from the Legislative History of the Federal Arbitration Act
- Index
Foreword
Published online by Cambridge University Press: 11 July 2009
- Frontmatter
- Contents
- Table of Citations
- Acknowledgments
- Foreword
- Preface
- 1 Introduction
- 2 The Formation and Transformation of the Status of International and Domestic Arbitration in the United States
- 3 Wilko v. Swan, Scherk v. Alberto-Culver, and Mitsubishi v. Soler: Crafting a Level Playing Field
- 4 Procedural Change and 28 U.S.C. §1782: The Taking of Evidence v. Common Law Discovery
- 5 The Gathering of Evidence v. Common Law Discovery
- 6 What Has Really Happened? The Effects of a Trilogy Examined
- 7 The New Unorthodox Conception of Common Law Discovery in International Arbitration
- 8 And Now How Do We Avoid 28 U.S.C. Section 1782 in International Commercial Arbitration?
- 9 Perjury & Arbitration: The Honor System Where the Arbitrators Have the Honor and the Parties Have the System
- 10 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
- 11 U.S. Arbitration Law and Its Dialogue with the New York Convention: The Development of Four Issues
- Conclusion
- Appendix A Duelo a Garrotazos
- Appendix B Selected Cases
- Appendix C The New York Convention, The Federal Arbitration Act, and 28 U.S.C. §1782
- Appendix D Amendments to 28 U.S.C. §1782
- Appendix E Selected Rules of Civil Procedure
- Appendix F Geneva Convention of 1927
- Appendix G Selections from the Legislative History of the Federal Arbitration Act
- Index
Summary
In his exceedingly thoughtful, thorough, and provocative work, Pedro J. Martinez-Fraga has drawn upon his many years as a very successful litigator and academic concentrating in international commercial dispute resolution including, but clearly not limited to, international commercial arbitration. Martinez-Fraga challenges others to see for the first time the contributions that doctrines developed in the United States, principally but not solely pretrial discovery, have had and will continue to have in the worldwide process of creating a comprehensive approach to international commercial arbitration.
The approach taken is historical, descriptive, analytical, critical, optimistic, perceptive, and, most important, realistic.
Martinez-Fraga begins with a comprehensive historical analysis clearly depicting the shift in attitude of the United States from antagonism toward commercial international arbitration to what one might call euphoric adulation. He outlines four specific factors that contributed to this change: (1) the United States Supreme Court's interpretation of “international contracts” as a normative basis for according special deference to international commercial arbitrations; (2) a perceived need for specialization akin to the creation of unique subject matter tribunals; (3) recognition that only international commercial arbitration can serve as the conceptual historical dispute resolution bridge until such time as international commercial tribunals come into existence; and (4) recognition that in an era of extensive economic globalization only international commercial arbitration today provides a methodology for dispute resolution that comports with the parties' expectations concerning the fair administration of justice as well as application of their respective judicial cultures.
- Type
- Chapter
- Information
- The American Influences on International Commercial ArbitrationDoctrinal Developments and Discovery Methods, pp. xxv - xxviiPublisher: Cambridge University PressPrint publication year: 2009