International Commercial Arbitration Coming to a Courthouse Near You

Abstract

Over the last few years, national courts have seen an increasing amount of litigation involving international commercial arbitration. Judges from all over the world are struggling to resolve complex issues of national and international law, often without any background experience concerning the unique challenges of this particular procedural device. This article identifies various concerns relating to national court intervention in international commercial arbitration and describes a number of initiatives that are being taken by public and private actors to help raise judicial consciousness in this field of law. In so doing, the discussion seeks to provide individuals, organizations and states with ideas on how they can support efforts to educate judges about international commercial arbitration, both nationally and internationally.

Keywords: international commercial arbitration, judicial education, judges, courts, litigation, international litigation, international law, New York Convention, Panama Convention, UNCITRAL, Model Arbitration Law, Organization of American States