U.S. Public Policy as Basis to Deny Enforcement of Arbitration Agreement: More Discussion of the Thomas v. Carnival Corp. case

At the Kluwer Arbitration Blog you will find an interesting comment by Paul Friedland on the Thomas v. Carnival Corp. decision of the Eleventh Circuit. I commented on the Thomas case here on July 7, 2009.Below is the text of my comment today posted on the Kluwer Arbitration Blog. Paul, The concerns you mention are […]

Draft UNCITRAL Rules Revisions: Interim Measures

The proposed new text of Article 26 concerning interim measures of protection is a considerable expansion from the 1976 rule. It reflects the extensive practical experience of arbitrators with different types of interim measures. It also reflects the convergence of legal standards into a set a generally applicable transnational norms. The 1976 version of the […]

Draft UNCITRAL Rules Revisions: Arbitral Power to Rule on Jurisdiction

The Working Group on Arbitration of the United Nations Commission on International Trade Law (UNCITRAL) will convene for its 51st session in Vienna, Austria, from September 14-18, 2009. For the past two years, the Working Group has been engaged in developing a proposed revised draft of the UNCITRAL Arbitration Rules (“Rules”). When completed, this will […]

International Litigation: Pleading Under the Alien Tort Statute

A new commentary on this subject is posted under Legal Developments at my general website. Click-through on the link under “Links and Resources” at the left margin, for Marc J. Goldstein Litigation and Arbitration Chambers (www.lexmarc.us).

Challenging the Replacement of a Party-Appointed Arbitrator

The Seventh Circuit U. S. Court of Appeals has addressed one of the difficult issues arising from the mid-stream replacement of a party-appointed arbitrator. The Court held that the Federal Arbitration Act (“FAA”) generally requires that a party who contests its opponent’s appointment of a replacement party-arbitrator, on the ground that the substitution is not […]

U.S. Judicial Discovery Assistance for Private Foreign Arbitrations: The Fifth Circuit Says “No”

The Fifth Circuit U. S. Court of Appeals last week reaffirmed its position that 28 U. S. C. 1782, which provides for federal assistance in obtaining discovery for use in foreign and international tribunals, does not apply to private commercial arbitration tribunals. El Paso Corp. v. La Comision Ejecutiva Hidroelectrica del Rio Lempa, 2009 U. […]