International commercial arbitration. United states doctrinal developments and american style discovery.

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Graham, Michael H.; Martínez - Fraga, Pedro J.

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ISBN: 9788483555279
EAN: 9788483555279
Editorial: Aranzadi
Fecha de la edición: 14/04/2008
Nº Pág.: 512

Materias:

Derecho / Procesal / ARBITRAJE

Pedro Martinez-Fraga has drawn upon his many years as a very successful litigator and academic concentrating in international commercial dispute resolution including but clearly not limited to international commercial arbitration. Martinez-Fraga callenges others to see for the first time the contributiones doctrines developed in the United States, principally but not solely pretrial discovery, have had and will continue to have in the worldwide process of creating a comprenhensive approach to international commercial arbitration.
The approach taken is historical, descriptive, analytical, critical, optimistic, preceptive and, most important, realistic.

Table of citations
Acknowledgements
Prologue
Foreword

I. Introduction

II. The formation and transformation of the status of international and domestic arbitration in the united states

III. Shifting paradigm: Wilko V. Swan, Scherk V. Alberto Culver, and Mitsubishi V. Soler: Crafting a level playing field

IV. Procedural change and 28 usc 1782: the taking of evidence V. Common law discovery

V. The gathering of evidence V. Common law discovey

VI. What has really happende? The effects of trilogy examined

VII. The new unorthodox conception of common law discovery in international arbitration

VIII. And now how do we avoid 28 U.S.C section 1782 in international commercial arbitration?

IX. Perjury & Arbitration: The honor system where the arbitrators have the honor and the parties have the system

X. Developments in the apportionment of jurisdiction between arbitrators and courts concerning the validity of a contract containing an arbitration clause, and transformations regarding the severabilitu doctrine

XI. U.S. arbitration law and its dialogue with the New York convention: the development of issues

Conclusion

Appendixs