An Empirical Survey of International Commercial Arbitration Cases in the US District Court for the Southern District of New York, 1970-2014

48 Pages Posted: 4 Dec 2015

See all articles by Vera Korzun

Vera Korzun

University of Akron School of Law

Thomas H. Lee

Fordham University School of Law

Date Written: December 2, 2015

Abstract

This Article identifies and organizes the circumstances in which national courts play a role in international commercial arbitrations — border crossings. It then records and analyzes empirical data of these border crossings in cases filed in a key national court for international arbitration-related litigation: the US District Court for the Southern District of New York. Data were collected from the date of entry into force for the United States of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”) on December 29, 1970 to September 15, 2014. Based on interpretation of these data, the Article suggests how to regulate the border crossings to best balance the policy goals of international commercial arbitration with reasonable allowances for national sovereignty and fidelity to the New York Convention.

Keywords: International arbitration, New York Convention, UNCITRAL, arbitration agreement, arbitrator challenges, arbitral award, border crossings, federal courts, litigation, empirical, statistical data, SDNY, New York

Suggested Citation

Korzun, Vera and Lee, Thomas H., An Empirical Survey of International Commercial Arbitration Cases in the US District Court for the Southern District of New York, 1970-2014 (December 2, 2015). Fordham International Law Journal, Vol. 39, No. 2, 2015; Fordham Law Legal Studies Research Paper No. 2698315. Available at SSRN: https://ssrn.com/abstract=2698315

Vera Korzun

University of Akron School of Law ( email )

150 University Ave.
Akron, OH 44325-2901
United States

Thomas H. Lee (Contact Author)

Fordham University School of Law ( email )

150 West 62nd Street
New York, NY 10023
212.636.6728 (Phone)

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