Introduction: The New York Arbitration Landscape

2016 ◽  
Author(s):  
Carter James H ◽  
Fellas John
Keyword(s):  
United States ◽  
New York ◽  
The United States ◽  
Legal Capital ◽  
Court System ◽  
International Arbitration ◽  
Commercial Arbitration ◽  
International Commercial Arbitration ◽  
Leading Position ◽  
Governing Law

This introductory chapter presents New York City as the leading venue for international commercial arbitration in the United States. It estimates that at least one-third of all significant international commercial arbitrations in the United States take place within the city. New York’s role as a financial and legal capital leads to the choice of New York governing law for many commercial documents, often resulting in a choice of New York as the venue for any disputes arising from those documents. The city’s leading position in international commercial arbitration also derives from the fact that a number of leading arbitration institutions are based in New York. The local court system strongly supports international arbitration; and the community of supporting organizations, such as the New York International Arbitration Center, bar associations, universities, and others is quite strong.

The United Nations Arbitration Convention and United States Policy

1959 ◽  
Vol 53 (4) ◽  
pp. 807-825
Author(s):  
Allen Sultan
Keyword(s):  
United States ◽  
New York ◽  
International Trade ◽  
United Nations ◽  
The United States ◽  
Commercial Arbitration ◽  
United States Policy ◽  
International Commercial Arbitration ◽  
The United Nations ◽  
Settlement Of Disputes

The United Nations Conference on International Commercial Arbitration convened from the 20th of May until the 10th of June, 1958, at the Organization’s Headquarters in New York. Early in the general debate, the United States Eepresentative, Mr. Beale, stated that his Government wasaware that it was necessary to improve both the law and the practice of arbitration if it was desired that that institution should play its part properly in the settlement of disputes arising out of international trade.

scholarly journals Comparative Study of International Commercial Arbitration and International Law in Iran

2016 ◽  
Vol 9 (7) ◽  
pp. 242
Author(s):  
Soheila Hashemi ◽  
Nader Mardani
Keyword(s):  
United States ◽  
International Law ◽  
United States Of America ◽  
The United States ◽  
Islamic Republic ◽  
Commercial Arbitration ◽  
International Commercial Arbitration ◽  
Two Factors ◽  
International Trading ◽  
Islamic Republic Of Iran

Arbitration is one of the most important solutions to end enmity and replace judicial inquest. As international trading is extended, referring to judgment to solve the conflicts caused by commercial contracts has been rapidly rising which is a result of judgment benefits over justice authorities. Fastness and efficiency, law inquest cost, compromise nature of selecting the referees, and professional selection are among the most evident specifications of arbitration. Furthermore, Iran’s involvement in the most significant judgment case of the last century i.e. the lawsuits filed between the Islamic Republic of Iran the United States of America after the victory of the revolution would double the essentiality of knowing this organization. Judgment may be either individual or organic (permanent) and also the number of referees needs to be one or three. The most important issue in the judge’s inquest is to follow two factors including independence and impartiality from the beginning until the end of the inquest process. Violating these characteristics or the lack of one of both or other descriptions predicted in the arbitration contract would result in its violation by one side of the conflict or both of them. In the present paper, a comparison is conducted between the commonalty and distinction of Iran’s international commercial arbitration in 1376 and international law.

“Beware of the Cat on the Corner”

2019 ◽  
pp. 96-123
Author(s):  
Carl Suddler
Keyword(s):  
United States ◽  
New York ◽  
Juvenile Delinquency ◽  
Juvenile Court ◽  
The United States ◽  
United States Senate ◽  
Court System ◽  
Youth Crime ◽  
Policy And Practice ◽  
Popular Discourse

This chapter dissects the effectiveness of antidelinquency efforts—from national to local levels. In the 1950s, the decade of delinquency, the United States committed fully to curbing juvenile delinquency in a way comparable to the Progressive-era child-saving efforts, which led to the establishment of the juvenile court system. Shifts in youth behaviors dominated popular discourse at midcentury, and youth crime emerged to the forefront. Considering that youth criminality intersected race, class, gender, and region, as confirmed by the United States Senate Subcommittee on Juvenile Delinquency in 1953, many people took interest in prevention efforts. In New York City, various agencies and organizations, both formal and informal, put forth efforts to combat youth crime as they saw fit—some more successfully than others—and they ranged from large institutional endeavors, such as the Harlem YMCA, to on-the-ground organizing by the youths themselves, such as the Harlem Young Citizens Council. Even with all the crime and delinquency prevention efforts that emerged, the number of youths arrested, especially black youths, continued to rise, and although this pointed to a function of policy and practice as opposed to changes in behaviors, it reestablished race as the basis of youth criminality.

scholarly journals International Commercial Arbitration Institutes

2013 ◽  
Author(s):  
Uğur Sayın
Keyword(s):  
New York ◽  
Point Of View ◽  
International Arbitration ◽  
Commercial Arbitration ◽  
International Commercial Arbitration ◽  
The People ◽  
New York Convention ◽  
Domestic Law

Because of exportation and importation of countries, the amount of commerce enlarged, therefore foreign agreements increased. Because of having differnet law systems of the contries the people, working on permanent investment and commerce wishes to have the suitable arbitration that they want.From this point of view, begining from the year 1898, It has been worked on to develop contraptions do international authorized commercial court’s duty. Then permanent arbitration council was established, Cenevre Convention, New York Convention was established, and the rules of international arbitration called UNCITRAL was constituted. The countries which are the contracting parties of these agreements, agreed that the implement of rules on their own domestic law systems. In addition, they delegated compulsory execution for these rules. Beside this, to organise the international commercial arbitration, countries and private institues are founded arbitration institues. Today there are hundereds of international commercial arbitration institues, which are called as the same name of their city’s, the most favorite and their woking systems are explaned.

19 United States (New York, Miami, Houston)

2014 ◽  
Author(s):  
Fellas John ◽  
Elul Hagit
Keyword(s):  
United States ◽  
New York ◽  
Federal Policy ◽  
Institutional Support ◽  
The United States ◽  
International Arbitration

This chapter evaluates the merits of the United States as a venue for international arbitration proceedings. It discusses the history and development of arbitration in the United States; the processes and rules involved as well as the role of courts in the conduct of arbitration proceedings; and rules for arbitral awards. It concludes that the United States — and New York, Florida, and Texas, in particular — offers a favorable venue for international arbitration. The Federal Arbitration Act offers a simple, yet effective, framework for the enforcement of arbitration agreements and arbitral awards. US courts will act to further the strong federal policy in favor of arbitration by strictly enforcing arbitration agreements and awards, while at the same time minimizing judicial interference into the arbitral process. In addition to enjoying legislative and judicial support, parties to international arbitration can find the institutional support they need from experienced arbitral institutions that offer well developed arbitral rules.

scholarly journals The New York Convention and the American Federal System

2019 ◽  
Vol 1 (1) ◽  
pp. 37-54
Author(s):  
Christopher Drahozal
Keyword(s):  
United States ◽  
New York ◽  
The United States ◽  
State Court ◽  
Default Rule ◽  
State Law ◽  
International Arbitration ◽  
Legal Questions ◽  
New York Convention ◽  
Preemptive Effect

Virtually all American states have statutes that make arbitration agreements and awards enforceable and that set out procedures for their enforcement in state courts. A number of states, including California, Texas, and Florida, have enacted international arbitration statutes to supplement their domestic arbitration laws.2 But this extensive body of state arbitration law has had only a “marginal impact” on American arbitration practice – particularly international arbitration practice because the Federal Arbitration Act (FAA) preempts conflicting state arbitration laws, even in state court. Although we know that the FAA preempts state law, the scope of that preemptive effect is not clear. Indeed, a pair of United States Supreme Court cases have suggested a possible broader role for state law in arbitration matters. In Hall Street Associates, LLC v. Mattel Inc., the Court indicated in dicta that parties might be able to contract for expanded review under state law although the FAA does not permit them to do so.5 And in Stolt-Nielsen S.A. v. AnimalFeeds International Corp., the Court suggested that the arbitrators might not have exceeded their powers in construing an arbitration clause to permit class arbitration if they had relied on a state default rule permitting class arbitration. Whether state law can play a broader role in international arbitration matters in the United States depends on the extent to which the New York Convention and Chapter Two of the FAA (which implements the Convention) preempt state arbitration law. This article undertakes a preliminary analysis of that broad topic by examining several legal questions central to determining the preemptive effect of the New York Convention: (1) What effect, if any, does the federal-state clause (Article XI) have on U.S. obligations under the Convention? (2) To what extent does Chapter Two of the FAA apply in state court? and (3) Is the New York Convention self-executing? Part II briefly sets out background information on the New York Convention and its implementation in the U.S. Part III describes three models of how an arbitration convention might be implemented: the “exclusive spheres” model, the “federal preemption” model, and the “access” model. Part IV analyzes the legal questions identified above and considers their implications for the models. Part V discusses the extent to which parties can contract out of the FAA and into state arbitration law. Finally, Part VI identifies some possible implications of this analysis and concludes.

scholarly journals The U.N. Convention on the Recognition and Enforcement of Foreign Arbitral Awards and Issue Preclusion: A Traditional Collateral Estoppel Determination

2004 ◽  
Vol 65 (4) ◽  
Author(s):  
Sabrina M. Sudol
Keyword(s):  
United States ◽  
United Nations ◽  
The United States ◽  
Commercial Arbitration ◽  
International Commercial Arbitration ◽  
Recognition And Enforcement ◽  
United Nations Convention ◽  
Per Se ◽  
The United Nations ◽  
Commercial Disputes

Although the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards provides for the “recognition” and “enforcement” of non-domestic arbitral awards in commercial disputes,1 this article will show that in order for an issue resolved through arbitration to be granted preclusive effect in subsequent litigation in the United States, the proponent must also satisfy the traditional requirements of collateral estoppel. In this way, the Convention’s reach is not quite as expansive as a party might expect, for the ensuing judicial analysis often involves complex questions of law and fact while maintaining respect for the favored status of international commercial arbitration. The result is far from per se preclusivity.

scholarly journals Punitive Damages Awards in International Arbitration: Franchising Case

2021 ◽  
Vol 14 (11) ◽  
pp. 1613-1625
Author(s):  
Thi Thuy Dung Tran ◽  
Keyword(s):  
United States ◽  
Public Policy ◽  
Significant Influence ◽  
The United States ◽  
Practical Significance ◽  
Punitive Damages ◽  
Arbitral Tribunal ◽  
Trade Disputes ◽  
Commercial Arbitration ◽  
International Commercial Arbitration

This article is written to evaluate the practical significance of punitive damages in the field of arbitration concerning international commercial disputes and franchise disputes. It finds that punitive damages awards are frequent in domestic arbitrations in the United States but not internationally common. This article discusses the severity of the punitive damages awards to explain why such decisions are not frequent in international trade disputes; it still has a significant influence that concerns the contracting parties, making them exclude punitive damages in their agreements. This article also explains the reasons for limiting the use of these punitive damages. The first one is the limitation of punitive damages applied to arbitration. Indeed, punitive damages are only recognised under a handful of domestic arbitration laws in a number of countries, especially the ones associated with contract claims. Secondly, the enforceability of such awards is internationally limited due to public policy. Therefore, this difficulty caused the arbitral tribunal to refuse to award such damages. Finally, the statistics on punitive damages award in international commercial arbitration are scarce, so the article refers to provide and analyse the cases that are not international-thereby discussing and evaluating the suitability of punitive damages in the context of international commercial arbitration

Sign in / Sign up

Export Citation Format

Share Document