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The American Influences on International Commercial Arbitration: Doctrinal Developments and Discovery Methods

Pedro J. Martinez-Fraga

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ISBN 10: 0521765889 / ISBN 13: 9780521765886
Used Condition: Good Hardcover
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[ No Hassle 30 Day Returns ][ Ships Daily ] [ Underlining/Highlighting: NONE ] [ Writing: NONE ] [ Edition: first ] Publisher: Cambridge University Press Pub Date: 3/30/2009 Binding: Hardcover Pages: 432 first edition. Bookseller Inventory # 4927579

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Title: The American Influences on International ...

Binding: Hardcover

Book Condition:Good

About this title


This text traces the contours of U.S. doctrinal developments concerning international commercial arbitration. It explores international commercial arbitration as a bridge that creates symmetry between what the author perceives as an anomaly arising from the disparities between the monolithic framework arising from economic globalization and a fragmented global judicial counterpart. Specifically, American common law discovery precepts are analyzed through the prism of the fundamental precepts of party-autonomy, predictability, uniformity, and transparency of spender, which the author contends to be the rudimentary tenets of both the American common law procedural rubric and the very principles that international commercial arbitration seeks not only to preserve but to enhance. Therefore, as the author asserts, the discovery process endemic to American common law comports more closely with international commercial arbitration both procedurally and theoretically than with those of the "taking of evidence" methodology commonly used in international commercial arbitrations held under the auspices of arbitral institutional bodies.

Book Description:

The text follows very closely the doctrinal development in the American jurisprudence of international commercial arbitration and in so doing identifies the key contributions of U.S. doctrinal developments in the area of international commercial arbitration, as all foundational case-law in those disciplines are examined. Judges, practitioners, arbitrators, and captains of industry alike will benefit from the scholarship and novel thesis embodied in this work.

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