Towards Federalizing U.S. International Commercial Arbitration Law

Abstract:     
This article addresses the question of whether the adoption of the UNCITRAL Model Law on Commercial Arbitration in the United States should be through state law, through federal law, or through some parallel of state and federal law. It argues that the law regulating international arbitration in the United States should be federal law, asserting that to the extent state enactment of the Model Law is pursued, it creates a federal-state duality in the law of international arbitration that significantly undermines the purposes of uniformity and predictability that the Model Law is designed to achieve, and gives rise to a variety of complex, litigation-generating problems.

Number of Pages in PDF File: 14

Keywords: international commercial arbitration, UNCITRAL Model Law on Commercial Arbitration, federalism

Accepted Paper Series