Recent Developments in Arbitration, Panel 3: International Arbitration from a US Law Perspective

Saturday, November 12, 2022

Parties are increasingly resolving their disputes via alternative dispute resolution, as opposed to jury or bench trials. The increased reliance on ADR, and especially arbitration, to take a leading role in providing civil justice has led to numerous important questions proliferating throughout our courts.

The Center on Civil Justice at NYU School of Law partnered with the Center for Transnational Litigation, Arbitration, and Commercial Law at NYU School of Law and the Center for International Commercial & Investment Arbitration at Columbia Law School to present this one-day conference, which examined some of the key, cutting-edge issues in arbitration.

Although two important comprehensive conventions on international commercial arbitration -- the New York Convention and the Panama Convention -- are in force in more than 150 countries, including the United States, national law continues to play a significant role in the interpretation of these conventions. And national law in other areas may affect the arbitration process. This panel will cover a set of issues in international commercial arbitration where U.S. solutions often invite debate. They include jurisdiction and forum non conveniens in connection with proceedings to enforce an award, the criteria for enforcing an annulled award, and whether § 1782 providing for judicial assistance, including discovery, extends to international commercial arbitration.

Moderator: Franco Ferrari (NYU)

Paper presented by: John Fellas (NYU)

Panelists: Andreas Frischknecht (Chaffetz Lindsey LLP), Linda Silberman (NYU)