The American Influences on International Commercial Arbitration 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
Appendix G - Selections from the Legislative History of the Federal Arbitration Act
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
HOUSE REPORT NO. 91-1181
JUNE 11, 1970
THE COMMITTEE ON THE JUDICIARY, TO WHOM WAS REFERRED THE BILL (S.3274) TO IMPLEMENT THE CONVENTION ON THE RECOGNITION AND ENFORCEMENT OF FOREIGN ARBITRAL AWARDS, HAVING CONSIDERED THE SAME, REPORT FAVORABLY THEREON WITH AMENDMENT AND RECOMMEND
THAT THE BILL DO PASS.
THE AMENDMENT IS AS FOLLOWS:
ON THE FIRST PAGE, LINE 4, STRIKE OUT ‘OF’ AND INSERT ‘ON THE’.
PURPOSE OF THE AMENDMENT
THE AMENDMENT CORRECTS A TYPOGRAPHICAL ERROR IN THE BILL.
STATEMENT
THE PURPOSE OF S. 3274 IS TO IMPLEMENT THE CONVENTION OF THE RECOGNITION AND ENFORCEMENT OF FOREIGN ARBITRAL AWARDS WHICH WAS APPROVED BY THE SENATE ON OCTOBER 4, 1968. THE BILL WOULD CREATE A NEW CHAPTER UNDER TITLE 9 OF THE U.S.C. (THE FEDERAL ARBITRATION ACT) DEALING EXCLUSIVELY WITH THE RECOGNITION AND ENFORCEMENT OF AWARDS PURSUANT TO THE PROVISIONS OF THE CONVENTION.
THE CONVENTION ON THE RECOGNITION AND ENFORCEMENT OF FOREIGN
ARBITRAL AWARDS WAS ADOPTED AT THE CONCLUSION OF A UNITED NATIONS CONFERENCE WHICH WAS HELD IN NEW YORK FROM MAY 20 TO JUNE 10, 1958. THE CONVENTION ENTERED INTO FORCE ON JUNE 7, 1959, AND AT THE PRESENT IT IS IN EFFECT FOR 34 COUNTRIES. ALTHOUGH THE UNITED STATES PARTICIPATED IN THE CONFERENCE, THE CONVENTION WAS NOT SIGNED ON BEHALF OF OUR GOVERNMENT AT THAT TIME BECAUSE THE AMERICAN DELEGATION FELT THAT CERTAIN PROVISIONS WERE IN CONFLICT WITH SOME OF OUR DOMESTIC LAWS.
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- Information
- The American Influences on International Commercial ArbitrationDoctrinal Developments and Discovery Methods, pp. 352 - 400Publisher: Cambridge University PressPrint publication year: 2009