Table of Contents

Introduction; 1. The formation and transformation of the status of international and domestic arbitration in the United States; 2. Wilko v. Swan, Scherk v. Alberto-Culver, and Mitsubishi v. Soler: Crafting a level playing field; 3. Arbitrator immunity; 4. Procedural change and 28 USC § 1782: the taking of evidence v. common law discovery; 5. The new unorthodox conception of common law transparency in international arbitration through evidence gathering and orality; 6. 28 USC § 1782 and manifest disregard of the law: is avoiding one walking into the other?; 7. Perjury and arbitration: the honor system where the arbitrators have the honor and the parties have the system; 8. Developments in the apportionment of jurisdiction between arbitrators and courts concerning the validity of a contract containing an arbitration clause, and transformations regarding the severability doctrine; 9. US arbitration law and its dialogue with the New York Convention: the development of four issues; Conclusion; Appendices; Index.

Promotional Information

Addresses the US common law and its doctrinal contribution to transparency, arbitrator immunity and evidence gathering in international commercial arbitration.

About the Author

Pedro J. Martinez-Fraga is a Partner in Bryan Cave Leighton Paisner, LLP's International Arbitration and Litigation Practice Group, where he is the firm's co-leader of the International Arbitration Practice Group globally. On 16 December, 2015, President Barack Obama appointed Martinez-Fraga to the Panel of Conciliators of the International Centre for Settlement of Investment Disputes (World Bank). Martínez-Fraga has represented eight countries as lead counsel, and has served as an arbitrator in ICSID (World Bank) proceedings. He has published more than sixty articles or chapters in fifteen countries, which have been published in five languages, and has written six books on public or private international law.

Reviews

'A thoughtful and provocative analysis of a very timely subject - replete with keen observations and original analysis.' Gary Born, Wilmer Cutler Pickering Hale and Dorr, LLP

'The US law of international commercial arbitration has commonly been viewed as less than fully coherent. This is regrettable, given the great importance of US law in this field and its proper understanding, including from abroad. The first edition of The American Influence on International Commercial Arbitration admirably filled the gap, but galloping legal developments require a fresh account. Happily, with a second edition of the book, the gap remains once again admirably filled.' George Bermann, Columbia University, director, Center for International and Commercial Arbitration

'Pedro J. Martinez-Fraga begins his masterful work on the United States' influence on international commercial arbitration with the original vision of arbitration suggested by Goya's painting 'Duel with Clubs' in the Museo del Prado. The idea that arbitration is as blunt an instrument for 'dispute settlement' as two men using deadly force against each other - admittedly efficient, expedient, and final - has, he says, been eclipsed by the recognition that arbitration has much in common with judicial proceedings. His book is an argument, driven by a careful examination of history, case law, and statute, that the actions and views of common law courts has had much to do with this change. His is general (and rare) defense of what some would decry, namely the 'Americanization' of international arbitration. Readers should welcome this new up-to-date edition. It continues to be a valuable contribution to a healthy, ongoing debate.' José E. Alvarez, Herbert and Rose Rubin Professor of International Law, New York University

'Pedro J. Martinez-Fraga's second edition of The American Influence on International Commercial Arbitration is a must-have addition to one's collection of books on international arbitration. Its thoughtful analysis of the common law development of different aspects of international arbitration leads to a depth of understanding and appreciation of complex issues that regularly arise in the field. Whether or not one agrees with all of Mr. Martinez-Fraga's conclusions, his insightful and rigorous analyses ensure that time focused on reading this book is time well-spent.' Margaret L. Moses, Mary Ann G. McMorrow Professor of Law, Director of International Law and Practice Program, Loyola University Chicago

'This is, unmistakably, the book of a scholarly pragmatist, for whom the promise of international arbitration still holds resonance and who identifies the threats to its legitimacy with accuracy and intelligence.' Sophie Nappert, Transnational Dispute Management