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All articles tagged '"New York Convention"'

19 articles found

SCOTUS to Consider Whether Non-Signatory May Compel Arbitration Under New York Convention

By Beth Graham - July 11, 2019
The Supreme Court of the United States has agreed to resolve a circuit split regarding whether a non-signatory to an agreement to arbitrate may compel arbitration under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”) based on the doctrine of equitable estoppel.

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An Empirical Survey of International Commercial Arbitration Cases in the US District Court for the Southern District of New York, 1970-2014

By Beth Graham - December 10, 2015
Vera Korzun, Adjunct Professor at Fordham University School of Law, and Thomas H. Lee, Leitner Family Professor of International Law at Fordham University School of Law, have published “An Empirical Survey of International Commercial Arbitration Cases in the US District Court for the Southern District of New York, 1970-2014,” Fordham International Law Journal, Vol. 39, No. 2, 2015; Fordham Law Legal Studies Research Paper No. 2698315.

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Variations in the Uptake of and Resistance to Mediation Outside of the United States

By Beth Graham - September 23, 2015
Carrie Menkel-Meadow, Chancellor's Professor of Law at the University of California Irvine School of Law and Professor of Law at Georgetown University Law Center, has authored “Variations in the Uptake of and Resistance to Mediation Outside of the United States,” Chapter 13 in: Contemporary Issues in International Arbitration and Mediation: The Fordham Papers 2014, edited by Arthur Rovine, Brill-Nijhoff, Leiden and Boston, 2015, Forthcoming; UC I

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U.S. Proposes Convention to Enforce Mediated Settlements to UNCITRAL

By Beth Graham - July 20, 2014
Earlier this month, the United Nations Commission on International Trade Law (UNCITRAL) approved its draft UNCITRAL Convention on transparency in treaty-based investor-State arbitration at its 47th session in New York City.

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Constitutional, Treaty and Statutory Interpretation in International Commercial Arbitration

By Beth Graham - March 14, 2013
Professor S.I. Strong, from the University of Missouri School of Law (and a friend of this blog), has published an interesting article entitled Beyond the Self-Execution Analysis: Rationalizing Constitutional, Treaty and Statutory Interpretation in International Commercial Arbitration, 53 Virginia Journal of International Law __ (2013), University of Missouri School of Law Legal Studies Research Paper No. 2013-05. Here is the abstract: Internatio

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Fifth Circuit Refuses to Confirm Foreign Arbitral Award Due to Lack of Jurisdiction

By Beth Graham - February 14, 2013
In a case of first impression, the United States Fifth Circuit Court of Appeals affirmed a district court’s refusal to confirm a foreign arbitral award due to lack of personal jurisdiction. In First Investment Corporation of the Marshall Islands v. Fujian Mawei Shipbuilding, Limited, No. 12-30377 (5th Cir. revised Jan. 17, 2013), First Investment Corporation of the Marshall Islands (“First Investment”) entered into a series of contracts to purcha

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Fifth Circuit: Courts Lack Jurisdiction Over Foreign Arbitration Awards

By Victoria VanBuren - January 21, 2013
First Investment Corporation of the Marshall Islands v. Fujian Mawei Shipbuilding, Limited No. 12-30377 http://www.ca5.uscourts.gov/opinions/pub/12/12-30377-CV0.wpd.pdf Before STEWART, Chief Judge, KING and OWEN, Circuit Judges. AFFIRMED. (December 21, 2012). Posted in New York Convention, Arbitration, Personal Jurisdiction The Fifth Circuit affirms that a Court may dismiss a petition to confirm a foreign arbitration award for lack of personal ju

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2012 Year-End Highlights

By Victoria VanBuren - January 3, 2013
We are happy to share our featured articles for 2012: Class and Collective Relief in the Cross-Border Context: A Possible Role for the Permanent Court of Arbitration   Ten Hallmarks of Effective Arbitration Agreements with Sovereigns and State Entities   The New 2012 ICC Arbitration Rules   International Arbitration and the Republic of Colombia: Commercial, Comparative and Constitutional Concerns From a U.S. Perspective   The

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Overcoming Barriers to Consistent Application of Principles of Public International Law

By Victoria VanBuren - December 21, 2012
Professor S.I. Strong, from the University of Missouri School of Law (and a friend of this blog) has posted on SSRN the book chapter entitled “Monism and Dualism in International Commercial Arbitration: Overcoming Barriers to Consistent Application of Principles of Public International Law, to be published in “Basic Concepts of Public International Law: Monism and Dualism,” edited by Marko Novakovic, Forthcoming, University of M

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Article | What Constitutes an ‘Agreement in Writing’ in International Commercial Arbitration? Conflicts Between the New York Convention and the Federal Arbitration Act

By Victoria VanBuren - October 10, 2012
Professor S.I. Strong (University of Missouri School of Law) has published “What Constitutes an ‘Agreement in Writing’ in International Commercial Arbitration? Conflicts Between the New York Convention and the Federal Arbitration Act,” 48 Stanford Journal of International Law 47 (2012). The abstract is: This Article investigates whether and to what extent a party must produce an “agreement in writing” when seeking to enforce an intern

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Disputing is published by Karl Bayer, a dispute resolution expert based in Austin, Texas. Articles published on Disputing aim to provide original insight and commentary around issues related to arbitration, mediation and the alternative dispute resolution industry.

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