...the principle of equal treatment, as it forms an integral part of a party’s right to present its case.”[21] Thomas Webster, a renowned UNCITRAL commentator, argues that “where the number...
Search Results for : S. Breckenridge Thomas
Author: Katlyn Thomas* Published: August 2014 Description: Recently I was asked by the government of the United Arab Emirates to advise it on the drafting of a new arbitration statute,...
On Drafting an “Ideal” Arbitration Statute – Vol. 25 No. ...
Author: Thomas E. Carbonneau* Published: January 2009 Jurisdiction: United States Topics: Authority of the Arbitral Tribunal Arbitrators and Arbitral Tribunals Arbitral Awards Description: I. INTRODUCTION: THE U.S. SUPREME COURT AND...
“Arbitracide”: The Story of Anti-Arbitration Sentiment in the U.S. Congress ...
...indebted to George A. Aldrich, Bruce Combs, Thomas Ginsburg, Karin Green and Sam Hirsch for their thoughtful comments. The opinions expressed, and consequently any errors, are those of the author....
Toward a New Understanding of Abuse of Nationality in Claims ...
Author: Thomas E. Carbonneau* Published: May 2005 Topics: Commercial Disputes Description: The Smit’s Guides to Commercial Arbitration: An International Bibliography1 represents Vratislav Pechota and his contribution to international legal studies...
An Assessment of Pechota’s International Bibliography on Commercial Arbitration – ...
...disputes and inflicting significant damage on U.S. business interests. I. INTRODUCTION The most prominent of the bills introduced in the U.S. Congress is the Arbitration Fairness Act of 2007 (the...
The Arbitration Fairness Act: Unintended Consequences Threaten U.S. Business – ...
...in the U.S. Courts: How Primary is “Primary Jurisdiction”? Marc J. Goldstein The Enforcement of Annulled Awards: Further Reflections in Light of Thai-Lao Lignite Luca G. Radicati di Brozolo A...
Volume 25: Issue 1 (August 2014)
Author: Thomas E. Carbonneau* Published: May 2013 Description: I. INTRODUCTION Case law has been, and continues to be, the primary source of doctrinal content for the American law of arbitration.1...
The Fifth Circuit Applies Stolt-Nielsen – Vol. 24 No. 1
Author: Thomas E. Carbonneau* Published: June 2012 Description: I. THE BOUNDARIES OF ARBITRATION The doctrine of federal preemption demolished any prospect of state law resistance to the unitary legal regulation...
Shattering the Barrier of Inarbitrability – Vol. 22 No. 4
...sophisticated commercial transaction usually involves more than two parties. An allegedly delayed delivery of a truck, for example, may result in two sets of proceedings: the freight line may wish...
Commercial Multi-Party Arbitration: A Case-by-Case Approach – Vol. 1 No. ...
...Giorgio Bernini The Recognition and Enforcement of Foreign Arbitral Awards as Foreign Judgments in the United States Tyler B. Robinson The Fifth Circuit Applies Stolt-Nielsen Thomas E. Carbonneau Recognition of...
Volume 24: Issue 1 (May 2013)
...The Assault on Judicial Deference Thomas E. Carbonneau Topics in Transnational Litigaiton Civil Procedure Meets International Arbitration: A Tribute to Hans Smit Linda J. Silberman A Walk in the Park...