Document Type
Book Chapter
Publication Date
2012
DOI
https://doi.org/10.1017/CBO9781139519779.020
Abstract
Much as one may try to universalize and even ‘de-nationalize’ international commercial arbitration – whether through Conventions, uniform or model laws or soft law – the phenomenon remains profoundly affected by national law and policy. That is indeed very much one of the leitmotifs of this book.
The incongruities – big and small – between domestic and international arbitration regimes typically present themselves on a purely ad hoc basis; that is to say, in specific and often isolated contexts, as when a particular case in a national court produces a result that looks anomalous from the point of view of a major international instrument such as the New York Convention. The current American Law Institute’s Restatement of the US Law of International Commercial Arbitration provides a very different and, indeed, unprecedented context for observing the discontinuities that may affect the application of the New York Convention in national law.
Disciplines
Dispute Resolution and Arbitration | International Law | Law
Recommended Citation
George A. Bermann,
'Domesticating' the New York Convention: The Impact of the Federal Arbitration Act,
International Commercial Arbitration: Different Forms and their Features, Giuditta Cordero-Moss (Ed.). Cambridge University Press
(2012).
Available at:
https://scholarship.law.columbia.edu/faculty_scholarship/4350
Comments
This material has been published in "International Commercial Arbitration: Different Forms and their Features", edited by Giuditta Cordero-Moss. This version is free to view and download for private research and study only. Not for re-distribution or re-use.