Finding Sources: New York and Federal Arbitration Law - Chapter 1 - Arbitration of International Disputes in New York

Author(s):

Peter H. F. Bekker

Page Count:

8 pages

Published:

November, 2023

Jurisdictions:

United States,

New York,

International

Practice Areas:

Sources of Arbitration Law,

FAA,

Arbitral Adjudication,

Arbitral Awards

Author Detail:

Dr. Peter (Pieter) Bekker is an international arbitration practitioner and professor. He has been a member of the Bar of the State of New York since 1992. He is also a member of the Bar of the Supreme Court of the United States. He is admitted to practice before the U.S. district courts for the Eastern and Southern Districts of New York and the U.S. Court of Appeals for the First Circuit. He is a commissioned New York Notary Public and, as such, a constitutional officer of the State of New York, where he resides.

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Description:

Originally from Arbitration of International Disputes in New York

PREVIEW

Arbitration is a centuries-old consent-based form of alternative dispute resolution (ADR) whereby the disputing parties submit their dispute to one or more independent arbitrators (private adjudicators) for final and binding ad hoc resolution, instead of referring their dispute to a standing court-of-law for public adjudication. Arbitration is an alternative to conventional litigation before municipal courts comprising government-appointed or elected judges charged with applying the local law of the jurisdiction in which they sit, sometimes in proceedings featuring juries, and resulting in domestic judgments that are subject to substantive appeal, typically at more than one level. Thus, the arbitral process is essentially an extrajudicial process. For disputes arising from international business transactions, arbitration is not a mere alternative to litigation—it is the dominant method of, and primary remedy for, settling such disputes. In today’s world, it is almost inevitable that every in-house lawyer, whatever his or her company’s core business or sector in which it operates, and every private lawyer and judge, especially those based in international commercial hubs, will encounter the arbitral process at some point in their career.

International arbitration, whether it takes place in New York or in Geneva, is a unique form of dispute resolution in that it is a hybrid, or blend, of (European) civil law and (Anglo-American) common law systems, procedures, and traditions. It seeks to cater to the needs of the international business community in resolving cross-border commercial disputes in an efficient and expeditious manner through a one-tier mechanism devoid of substantive appeal. International arbitration also is hybrid in the sense that it begins with a private agreement (see chapter 3) but requires the support of national and international legal systems and norms to operate smoothly. These overlapping layers of legal norms introduce complexity in international arbitration, as is explained in the next chapter.