International commercial arbitration in New York / edited by James H. Carter & John Fellas.

Format:

Book

Contributor:

Carter, James H., 1943- editor.

Fellas, John, editor.

Language:

English

Subjects (All):

International commercial arbitration.

Arbitration agreements, Commercial.

Arbitration and award--United States.

Arbitration and award.

Arbitration and award--New York (State)--New York.

Physical Description:

1 online resource (725 p.)

Edition:

1st ed.

Place of Publication:

Oxford, [England] : Oxford University Press, 2010.

Language Note:

English

Summary:

International Commercial Arbitration in New York focuses on the distinctive aspects of international arbitration in New York. Serving as an essential strategic guide, this book allows practitioners to represent clients more effectively in cases where New York is implicated as either the place of arbitration or evidence or assets are located in New York. This collaborative work boasts contributors of pre-eminent stature in the arbitration field. Each chapter elucidates a vital topic, including the existing New York legal landscape, drafting considerations for clauses designating New York as the

Contents:

Contents; Foreword; Foreword; Contributors; Introduction; Chapter 1 The Law Applicable to International Arbitration in New York; A. Scope of this Chapter; B. The FAA and How It Works; 1. Fundamental Issues; 2. FAA Chapter 1: The Federal Law of Arbitration; 3. Chapter 2: The New York Convention; 4. Chapter 3: The Panama Convention; C. The FAA and the New York State Arbitration Statute; 1. State Law on Court's Authority to Decide Statute of Limitations as Threshold Matter; 2. State Law Limiting Time to Object to Validity of Agreement to Arbitrate

3. State Law Prohibiting Predispute Arbitration Agreements in Consumer ContractsD. Applicable Law Regarding Recognition of Arbitration Agreements under the Conventions; 1. Separability, the Conventions, and the FAA; 2. Applicable Law Regarding Formation and Substantive Validity of the Agreement to Arbitrate; 3. Applicable Law Regarding Formal Validity of the Agreement to Arbitrate Pursuant to the Terms of the Conventions; 4. Applicable Law Regarding Arbitrability; 5. Applicable Law Regarding Interpretation and Scope; 6. Applicable Law Regarding Capacity and Competence

E. Applicable Law Regarding Recognition and Enforcement of Convention Awards1. Application of the Conventions; 2. Nondomestic Awards Rendered in the United States or Pursuant to U.S. Arbitration Law May Be Vacated Under U.S. Arbitration Law; 3. Arbitral Awards Rendered Outside the United States or Pursuant to a Foreign Law May Not Be Vacated Under U.S. Law; 4. Relevance of New York Arbitration Law to Arbitral Award; F. Effective Governing Law Clauses; Chapter 2 The Impact of U.S. Litigation; A. Introduction; B. Overview of U.S. Litigation; 1. The U.S. Legal System: An Adversarial Model

2. Structure of Courts in the United States3. Sources of the Law Governing U.S. Litigation; 4. Civil Procedure: A Guide to the Chronology of Litigation; C. Commencement of the Litigation; 1. Pleadings: The Complaint and Answer; 2. The Court's Authority to Oversee the Litigation: Jurisdiction; D. Procedural Calendar; 1. Managing the Case; 2. Pretrial Conferences; 3. The Scheduling Order; E. Discovery: Establishing the Facts and Marshaling the Evidence; 1. Discovery in the Adversarial Model; 2. Rules, Methods, and Mechanisms of Discovery in U.S. Litigation; 3. Expert Discovery

4. Electronic Discovery5. Using the Evidence: The Summary Judgment Motion; F. Pretrial Matters and Presentation of the Case; G. Decision and Judgment; 1. Judgment in Jury Trial; 2. Judgment in Bench Trial; H. Costs; I. Appeals: Challenging the Judgment; 1. The "Final Judgment" Rule; 2. Appeals to Higher Courts; 3. Scope of Appellate Review; J. Conclusion; Chapter 3 Drafting Considerations for Clauses Designating New York as the Place of Arbitration; A. Preliminary Drafting Considerations Not Particular to Arbitration in New York; 1. Essential Elements; 2. Recommended Elements

B. Drafting Considerations Specific to Clauses Providing for Arbitration in New York

Notes:

Includes bibliographical references and index.

Includes index.

Description based on print version record.

ISBN:

0-19-970493-7

OCLC:

962452234