Abstract

http://ssrn.com/abstract=942853
 
 

Footnotes (206)



 


 



Enforcing International Arbitration Agreements in Federal Courts: Rethinking the Court's Remedial Powers


Daniel S. Tan


Dan Tan Law


Virginia Journal of International Law, Vol. 47, Spring 2007

Abstract:     
The area of remedies in private international law is largely unexplored, but provide the very means by which the courts can advance private international law aims such as controlling international litigation and enforcing forum selection. The contractual nature of arbitration agreements and the policy in favor of arbitration make this a good starting point from which a wider remedial framework can be developed.

In practice, the U.S. federal courts invariably enforce arbitration agreements with the statutory remedies in the Federal Arbitration Act. Yet, there is no reason why this should be. Where the statutory remedy is deficient or inappropriate, the courts may appeal to their wider inherent remedial powers to fashion suitable relief. The domestic law of remedies suggests that the courts may use specific and (antisuit) injunctive relief to enforce the parties' right to the arbitral forum, or to award ordinary contractual damages to vindicate what is a straightforward breach of contract. Private international law remedies such as stays of proceedings and nonrecognition of judgments obtained in breach of arbitration agreements are other remedial alternatives that can be used to enforce such agreements. All the same, development of each of these remedies must be done within the context of an overarching remedial scheme - akin to that which exists in domestic law. The domestic law of remedies offers an interlocking set of remedial responses to vindicate wrongs. To effectively control international litigation and improper attempts at forum shopping, the courts must endeavor to develop a similar remedial framework in the private international law context, in order that they may be able to render the most appropriate remedial relief to enforce agreements to arbitrate and advance the policy in favor of arbitration.

Number of Pages in PDF File: 62

Keywords: international, arbitration, remedies, antisuit, anti-suit, damages, stay, private international law, litigation, recognition, enforcement, foreign judgment, specific performance, injunction

Accepted Paper Series


Download This Paper

Date posted: November 7, 2006  

Suggested Citation

Tan, Daniel S., Enforcing International Arbitration Agreements in Federal Courts: Rethinking the Court's Remedial Powers. Virginia Journal of International Law, Vol. 47, Spring 2007. Available at SSRN: http://ssrn.com/abstract=942853

Contact Information

Daniel S. Tan (Contact Author)
Dan Tan Law ( email )
175 Varick Street
New York, NY 10014
United States
646 580 0080 (Phone)
212 330 7642 (Fax)
Feedback to SSRN


Paper statistics
Abstract Views: 1,660
Downloads: 422
Download Rank: 37,730
Footnotes:  206

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo7 in 0.219 seconds