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William W. Park's
Scholarly Papers
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Total
Downloads
524 |
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Citations
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1.
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Duty and Discretion in International Arbitration
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William W. Park
Boston University - School of Law
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Posted:
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08 Feb 00
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Last Revised:
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31 Mar 00
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524
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William W. Park
Boston University - School of Law
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16 Feb 00
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Last Revised:
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31 Mar 00
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Abstract:
International arbitration implicates complex relationships between the law of the place of arbitration and the law of the country where the parties' assets are located. The interaction of these legal orders has been highlighted by cases recognizing foreign awards notwithstanding their vacatur at the arbitral situs. The author examines the extent to which enforcement of vacated awards comports with the parties' expectations and arbitration's treaty framework. This Article suggests that the United States enact a statute clarifying the role and scope of federal judicial supervision of international commercial arbitration.
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William W. Park
Boston University - School of Law
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| Posted: |
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08 Feb 00
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Last Revised:
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08 Feb 00
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524
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1
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Abstract:
International arbitration implicates complex relationships between the law of the place of arbitration and the law of the country where the parties' assets are located. The interaction of these legal orders has been highlighted by cases recognizing foreign awards notwithstanding their vacatur at the arbitral situs. The author examines the extent to which enforcement of vacated awards comports with the parties' expectations and arbitration's treaty framework. This Article suggests that the United States enact a statute clarifying the role and scope of federal judicial supervision of international commercial arbitration.
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