|Help

Arbitrability Under U.S. Law: An "Escape Route" Narrows - Chapter 48 - AAA Handbook on Commercial Arbitration - 2nd Edition

Author(s): 
Marc J. Goldstein
Page Count: 
6 pages
Media Description: 
PDF from "AAA Handbook on Commercial Arbitration - 2nd Edition"
Published: 
September, 2010
Jurisdictions: 
United States
Practice Areas: 
Arbitrability
Author Detail: 

Marc J. Goldstein concentrates his practices in international arbitration and commercial litigation at Proskauer Rose LLP.

 

PDF113.73 KB

$40.00
Description: 
I. Introduction
Debate intensifies in corporate executive suites and the offices of general counsel about the relative costs and efficacy of traditional litigation versus arbitration and other alternative dispute resolution processes. In this environment, lawyers who prepare international commercial contracts are being called upon by their clients to draft arbitration clauses that provide substantial certainty about which disputes will be subject to the arbitration requirement and which will be excluded from arbitration in order to reserve the right to litigate in court. The jurisprudence of “arbitrability,” therefore, is a body of law with increasing practical importance. As a result, a recent decision on arbitrability by the U.S. Court of Appeals for the 2nd Circuit—arguably the most active appellate forum on the subject of federal arbitration law—is of substantial interest.
Table of Contents: