By Pedro J. Martinez-Fraga
This article strains the contours of U.S. doctrinal advancements relating foreign advertisement arbitration. It explores overseas advertisement arbitration as a bridge that creates symmetry among what the writer perceives as an anomaly coming up from the disparities among the monolithic framework bobbing up from fiscal globalization and a fragmented international judicial counterpart. particularly, American universal legislations discovery precepts are analyzed during the prism of the basic precepts of party-autonomy, predictability, uniformity, and transparency of spender, which the writer contends to be the rudimentary tenets of either the yank universal legislation procedural rubric and the very ideas that foreign advertisement arbitration seeks not just to maintain yet to augment. hence, because the writer asserts, the invention strategy endemic to American universal legislations comports extra heavily with overseas advertisement arbitration either procedurally and theoretically than with these of the "taking of facts" technique regular in foreign advertisement arbitrations held below the auspices of arbitral institutional our bodies.
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Extra info for The American Influences on International Commercial Arbitration: Doctrinal Developments and Discovery Methods
G. J. S. Bonds §120; William Holdsworth, 12 History of English Law 519–520 (1938). Accordingly, this legislation in effect eviscerated Coke’s landmark case styled Vynoir’s Case, 8 Coke Rep. e. the quantum of the actual penalty. Even though in 1698 parliament enacted a statute, 9 Will. ), that sought to remedy this problem by providing that arbitration agreement could be reduced to a court order and, therefore, a breach would be susceptible to punishment for contempt of court, the statute proved to be of little moment.
M/S Bremen v. S. 1 (1972). S. Reinsurance and Insurance Disputes Supplementary Procedures, (vii) Resolution of Patent Disputes Supplementary Rules, (viii) AAA Arbitration Supplementary Procedures, (ix) AAA Domain Name Dispute Supplementary Rules; these rules are a supplement to the Rules for Uniform Domain Name Dispute Resolution Policy (The rules) adopted by the United States Department of Commerce, (x) The AAA of Olympic Sport Doping Disputes Supplementary, (xi) Real Estate Industry Arbitration Rules, (xii) Securities Arbitration Supplementary Procedures, (xiii) Wills and Trusts Arbitration Rules, and (xiv) Wireless Industry Arbitration Rules of the American Arbitration Association.
No. 96 (1924); and S. Rep. No. 536 (1924). See Marine Transit Corp. v. S. 263 (1932). Citing Agostini Bros. Bldg. Corp. v. 2d 854 (4th Cir. 1944); Watkins v. 2d 311 (3rd Cir. 1945); Donahue v. 2d 3 (3rd Cir. 1943); Donahue v. 2d 661 (3rd Cir. 1947); and Evans v. 2d 970 (3d Cir. 1948). a. wilko v. ”13 The second policy at odds with Congressional intent to promote arbitral proceedings is the rights that Congress accorded to investors pursuant to the Securities Act proscribing waiver of any of these statutorily created rights.
The American Influences on International Commercial Arbitration: Doctrinal Developments and Discovery Methods by Pedro J. Martinez-Fraga