This article argues that the 2021/2022 amendments to the AAA and the ICDR’s arbitration rules reinforces the Restatement’s interpretation of the rules as codifying competence-competence doctrine rather than constituting delegation clauses.
Catherine A. Rogers Posts
A Historical Introduction to International Commercial and Investor-State Arbitration
by Catherine A. Rogers | May 19, 2019 | International Commercial and Investor-State Arbitration
This brief introduction depicts the development of international arbitration in the United States, as general background to the present Restatement of the U.S. Law of International Commercial and Investor–State Arbitration. It highlights what may be regarded as “milestones” in the development of international arbitration law in the United States.
A Look Inside: The U.S. Law of International Commercial and Investor-State Arbitration
by Catherine A. Rogers | May 9, 2019 | International Commercial and Investor-State Arbitration
In this video, project Reporters discuss what to expect from this year’s Proposed Final Draft for Restatement of the Law, The U.S. Law of International Commercial and Investor-State Arbitration.
The Role of Courts in the Arbitrator Selection Process – Part 2
by Catherine A. Rogers | May 16, 2018 | International Commercial and Investor-State Arbitration
This is the second post presenting Sections from the 2018 International Commercial and Investment Arbitration Annual Meeting draft that deals with the roles that courts might play during the pendency of international arbitral proceedings. The previous post presented the Black Letter and Comments from § 3-2, Court Appointment and Removal of Arbitrators.
The Role of Courts in the Arbitrator Selection Process – Part 1
by Catherine A. Rogers | May 11, 2018 | International Commercial and Investor-State Arbitration
On May 21, ALI membership will be presented with Tentative Draft No. 6 of the Restatement of the Law, The U.S. Law of International Commercial and Investment Arbitration. This draft includes Chapter 3, which addresses the roles that courts might play during the pendency of international arbitral proceedings.
The Law Governing the Judicial Role in Investor-State Arbitration
by Catherine A. Rogers | May 11, 2017 | International Commercial and Investor-State Arbitration
This post is a presentation of information found in Tentative Draft No. 5 of the International Commercial Arbitration project. This will be presented at the 2017 Annual Meeting.
Investor-State Arbitration
by Catherine A. Rogers | Apr 12, 2017 | International Commercial and Investor-State Arbitration
At this year’s Annual Meeting, Chapter 5 (Investor-State Arbitration) of the International Commercial Arbitration project will be presented in Tentative Draft No. 5.