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.
Christopher R. Drahozal Posts
Arbitration and Rule Production
by Christopher R. Drahozal | Jul 27, 2021 | International Commercial and Investor-State Arbitration
Arbitration has been criticized as displacing cases from the public courts and thereby reducing the production of court precedent. Moreover, while arbitral awards might substitute for court precedent, the standard view is that arbitrators have little incentive to issue awards that produce legal rules because such awards mostly benefit parties to future disputes. This Article critically examines both the hypotheses, filling in gaps in existing legal literature and also offering new theoretical and empirical insights for a comprehensive account of arbitration and rule production.
A Historical Introduction to International Commercial and Investor-State Arbitration
by Christopher R. Drahozal | 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 Christopher R. Drahozal | 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 Christopher R. Drahozal | 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 Christopher R. Drahozal | 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.
Judicial Involvement in Arbitration
by Christopher R. Drahozal | Apr 6, 2018 | International Commercial and Investor-State Arbitration
U.S. Law of International Commercial and Investment Arbitration Reporter George A. Bermann and Associate Reporter Christopher R. Drahozal discuss the role courts may play throughout the lifecycle of arbitral proceedings.
The Law Governing the Judicial Role in Investor-State Arbitration
by Christopher R. Drahozal | 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 Christopher R. Drahozal | 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.