Towards Federalizing U.S. International Commercial Arbitration Law

International Lawyer, Vol. 25, No. 1, pp. 209-221, 1991

14 Pages Posted: 25 Jun 2008

See all articles by Jack I. Garvey

Jack I. Garvey

University of San Francisco - School of Law

Totton Heffelfinger

affiliation not provided to SSRN

Date Written: June, 23 2008

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.

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

Suggested Citation

Garvey, Jack I. and Heffelfinger, Totton, Towards Federalizing U.S. International Commercial Arbitration Law (June, 23 2008). International Lawyer, Vol. 25, No. 1, pp. 209-221, 1991, Available at SSRN: https://ssrn.com/abstract=1150431

Jack I. Garvey (Contact Author)

University of San Francisco - School of Law ( email )

2130 Fulton Street
San Francisco, CA 94117
United States

Totton Heffelfinger

affiliation not provided to SSRN

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