Border Skirmishes: The Intersection Between Litigation and International Commercial Arbitration

29 Pages Posted: 25 Apr 2012

See all articles by S.I. Strong

S.I. Strong

The University of Sydney Law School

Date Written: April 25, 2012

Abstract

This Essay considers the tension between the autonomous theory of international commercial arbitration and the more interactive theory advanced by Gary Born during his keynote address at the recent “Border Skirmishes” symposium at the University of Missouri School of Law. In his presentation, Born considered the relationship between litigation and international commercial arbitration and distinguished between permissible “border crossings” and impermissible “border incursions.” This Essay considers how these concepts play out both in routine interactions between courts and tribunals and more in difficult scenarios, such as those involving anti-suit injunctions. The discussion also presents statistics concerning the amount of ancillary litigation that arises in both the United States and the United Kingdom and offers several explanations for recent trends in this regard.

Keywords: international commercial arbitration, arbitration, ADR, federal courts, courts, practice, civil procedure, Federal Arbitration Act (FAA), New York Convention, Panama Convention, motion practice, recognition, enforcement, anti-suit injunction, vacatur, motion to compel, discovery, arbitral award, for

Suggested Citation

Strong, S.I., Border Skirmishes: The Intersection Between Litigation and International Commercial Arbitration (April 25, 2012). Journal of Dispute Resolution, Forthcoming, University of Missouri School of Law Legal Studies Research Paper No. 2012-11, Available at SSRN: https://ssrn.com/abstract=2046219

S.I. Strong (Contact Author)

The University of Sydney Law School ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

HOME PAGE: http://https://sydney.edu.au/law/about/our-people/academic-staff/stacie-strong.html

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