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The American Influences on International Commercial Arbitration

Doctrinal Developments and Discovery Methods

The American Influences on International Commercial Arbitration by Pedro J. Martinez-Fraga
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This text traces the contours of US doctrinal developments concerning international commercial arbitration. It explores international commercial arbitration as a bridge that creates symmetry between what the author perceives as an anomaly arising from the disparities between the monolithic framework arising from economic globalization and a fragmented global judicial counterpart. Specifically, American common law discovery precepts are analyzed through the prism of the fundamental precepts of party-autonomy, predictability, uniformity, and transparency of spender, which the author contends to be the rudimentary tenets of both the American common law procedural rubric and the very principles that international commercial arbitration seeks not only to preserve but to enhance. Therefore, as the author asserts, the discovery process endemic to American common law comports more closely with international commercial arbitration both procedurally and theoretically than with those of the 'taking of evidence' methodology commonly used in international commercial arbitrations held under the auspices of arbitral institutional bodies.
Cambridge University Press; March 2009
434 pages; ISBN 9780511512896
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Title: The American Influences on International Commercial Arbitration
Author: Pedro J. Martinez-Fraga
 
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ISBNs
0511512899
9780511512896
9780521765886