Duty and Discretion in International Arbitration

44 Pages Posted: 8 Feb 2000

See all articles by William W. Park

William W. Park

Boston University - School of Law

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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.

JEL Classification: K33, K41, K20, K22, K12

Suggested Citation

Park, William W., Duty and Discretion in International Arbitration. Available at SSRN: https://ssrn.com/abstract=201708 or http://dx.doi.org/10.2139/ssrn.201708

William W. Park (Contact Author)

Boston University - School of Law ( email )

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