Int Comm Arb Outline

Int Comm Arb Outline - q85 International Arbitration NOTES...

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q85 International Arbitration NOTES Lesson 1 Course book pp 1-18 CH 1: INTRODUCTION 1. Approaches to Dispute Resolution Intro Exam: 19 DEC. Grade bound by curve. Class participation will count. Harmony created in Arbitration NY Convention – 1 st doc – know it well. The dominant reason for the uniformity. UNCITRAL Model Law – increasingly is the model for arbitration statutes around the world. German, Indian, etc. Hypos Hypo 1: Domestic Seller in NY to Buyer in CA NY CA Large K with an arbitration clause: “all disputes arising under & related to this transaction shall be submitted to arbitration in NYC under the AAA (American Arbitration Association) rules of Domestic Arbitration” B pays, shipment delivery, doesn’t work, seller takes the machinery back to repair it, lightning strikes, destroys machine at seller’s plant. Buyer wants money back & damages. B could go to arbitration in NYC. But S might go to court Principal Issue in arbitration – do we go to court or through an arbitration panel. This is determined by the U.S. Federal Arbitration Act (p.72) Ch. 1 – Domestic B/C between states, the Fed (not state) arbitration rules apply. Ch. 2 – International Hypo 2: International NYC Bucharest, Romania Large K with an arbitration clause: “all disputes arising under & related to this transaction shall be submitted to arbitration in Vienna, O under the UNCITRAL arbitration rules. Go to Court or Arbitration Panel? Go to Ch. 2 of the US Federal Arbitration Act (p.77) §201 – makes the NY convention part of US law When is the case not domestic? Look at p. 1 of the NY convention – Art I – If there was an award made outside the US – and the award is outside the US – and the NY convention applies. This is the simplest int’l case. The US will then enforce the agreement. Process Vienna Arbitration Award Issued
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Award is reviewed by Austrian Courts for a set-aside (Set Aside proceedings) Austrian courts look as though the award was made domestically within Austria – doesn’t look at US NY convention. But then the award may be taken to the US for enforcement by US courts. Generally recognition means a res judicata effect Or the award may be taken to the UK, Germany, etc. for enforcement. There are 133 members of the NY convention – and one of the main key points about the NY convention is there are very limited ways for parties to the treaty not to enforce arbitral awards. Two important points: 1) enforcing the agreement 2) enforcing the award The arbitration process You can be going to arbitration and court at the same time. 1) Parties decide to have arbitration 2) Chose the arbitrators (usually 3) 3) Arbitration proceeding intro of evidence, what law to use, etc.
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This note was uploaded on 12/10/2009 for the course ICA A taught by Professor Pew during the Spring '09 term at Yeshiva.

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Int Comm Arb Outline - q85 International Arbitration NOTES...

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