International Commercial Arbitration Posts

UK Supreme Court Looks to Restatement of U.S. Law of International Commercial and Investor-State Arbitration

The Court found that when choice of law is not identified in an arbitration agreement, the law of the seat of arbitration is the law “most closely connected” to agreement, and references Restatement of the Law, The U.S. Law of International Commercial and Investor-State Arbitration in support of its decision.

Restatement: International Commercial and Investor-State Arbitration

In his International Arbitration column, John Fellas discusses the Restatement of the U.S. Law of International Commercial and Investor-State Arbitration—a 12-year effort primarily concerned with the role of the U.S. courts with respect to arbitration proceedings. The author describes it as a “majestic, comprehensive, and clear account of the U.S. law of international and investor-state arbitration that belongs on the shelf of everyone involved those fields.”

Argument Analysis: Justices Debate Ability of Business That Did Not Sign Arbitration Agreement to Compel Arbitration

GE Energy Power Conversion France SAS v. Outokumpu Stainless USA is the Supreme Court’s first arbitration case of the 2019 term. For observers familiar with the arbitration docket in recent years, this case will seem unusual, because so few of the justices seem predisposed to compel arbitration.

In a Divergence From Other US Federal Circuits, The US Sixth Circuit Court of Appeals Rules That 28 U.S.C. § 1782 May Permit US Discovery for Use in Non-US Private Arbitrations

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In contrast to its sister Circuits, a unanimous three-judge panel of the Sixth Circuit held that the word “tribunal” in the relevant clause of Section 1782 includes private arbitrations. This decision could make it easier for parties engaged in non-US arbitrations to obtain discovery from US entities, particularly those that fall within the Sixth Circuit’s jurisdictional reach.

A Historical Introduction to International Commercial and Investor-State Arbitration

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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

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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.

January 2019 Council Meeting Updates

At its meeting in Philadelphia on January 17 and 18, the ALI Council reviewed drafts for six projects. Drafts or portions of drafts for six projects received Council approval, subject to the meeting discussion and to the usual prerogative to make nonsubstantive editorial improvements.