Document Type

Article

Publication Date

2013

Abstract

Despite its title, the American Law Institute's Restatement (Third) of the U.S. Law of International Arbitration is the ALI's first Restatement ever on the subject of international commercial arbitration. The ALI commissioned this Restatement not merely because the subject has become so important in international commerce, but because the American law on the subject is deeply unsettled. After all, the purpose of Restatements is to bring clarity and coherence and, where necessary, improvement to the law. Historically, Restatements have concentrated on state rather than federal law subjects precisely because of the discrepancies among the laws of the several states on a given subject. But increasingly the federal law on the subject has been found to be in a sufficiently confused state to justify a Restatement effort.

Disciplines

Dispute Resolution and Arbitration | International Law | Law

Comments

Reprinted from Revista Brasileira de Arbitragem, Volume 10, Issue 38, June 2013, pp. 145-147, with permission of Kluwer Law International.

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