From the Bremen to Mitsubishi (and Beyond): International Arbitration Adrift In U.S. Waters* – Vol. 7 No. 2

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AuthorM. Scott Donahey**

Published: August 1996

United States
Commercial Disputes
Dispute Resolution and Litigation

Description:Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc. is the culmination of three cases in which the United States Supreme Court recognizes the special position occupied by arbitration in the resolution of international disputes. Mitsubishi is generally thought to represent the further expansion of the “hands off” treatment which United States federal courts give to international arbitration agreements and awards. However, on closer examination, a strain of parochialism is evident which does not reflect the internationalism broadly enunciated in not only Mitsubishi, but also each of its predecessors. Moreover, when the focus is narrowed to the issue of punitive damages, that most American of remedies, United States federal courts display not only protectionist tendencies, but a bit of ideological schizophrenia as well.

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*Arbitral & Judicial Decisions
**Partner, Wise & Shepard LLP, Palo Alto, California.