Document Type

Article

Publication Date

2008

Disciplines

Commercial Law | Dispute Resolution and Arbitration | International Law | International Trade Law | Law | Law Enforcement and Corrections | Public Affairs, Public Policy and Public Administration

Abstract

The American Law Institute's new Restatement of the U.S. Law of International Commercial Arbitration is only barely underway, and the reporters began with a chapter, namely the recognition and enforcement of awards, that should represent for them a comfort zone of sorts within the overall project. Yet, already a number of difficult, and to some extent unexpectedly difficult, questions have arisen. Some of the difficulties stem from the very nature of an ALI Restatement project. Others stem from the nature of arbitration itself and, more particularly, from the inherent tension between arbitral and judicial functions in the arbitration arena. Still other difficulties-some of them the least expected-reflect what I might call the "internationality" of this particular project. It is the latter that chiefly occupy me in this paper.

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