With the continued growth of international business comes a corresponding increase in international business disputes. Trans-border contracts now contain arbitration clauses so frequently that they have become boilerplate; but what is buried in that language? United States lawyers may find themselves litigating in places, under laws, and with procedures they did not fully realize at the time their clients executed the contract.
This presentation reviews international arbitration from start (the arbitration clause) to finish (execution of an arbitration award). Specifics include:
drafting of the arbitration clause: what to include, what to leave out
selection of the arbitrators; challenges to arbitrators; time for selection
jurisdictional battles: do the arbitrators decide their own jurisdiction?
international arbitration bodies (ICC, LCIA, AAA, CIETAC): include or not?
discovery: how much information can a US lawyer obtain in international arbitration?
enforcement: where and how to get paid. The New York Convention.
Recorded during a live webcast in January 2011.
Matthew H. Adler, Esq., Pepper Hamilton LLP, Philadelphia
Andrew K. Fletcher, Esq., Pepper Hamilton LLP, Pittsburgh