The formation and transformation of the status of international and domestic arbitration in the United States -- Wilko v. Swan, Scherk v. Alberto-Culver, and Mitsubishi v. Soler: Crafting a level playing field -- Arbitrator immunity -- Procedural change and 28 U.S.C. § 1782: the taking of evidence v. common law discovery -- the new unorthodox conception of common law transparency in international arbitration through evidence gathering and orality -- 28 U.S.C. § 1782 and manifest disregard of the law: is avoiding one walking into the other? -- Perjury & arbitration: the honor system where the arbitrators have the honor and the parties have the system -- Developments in the apportionment of jurisdiction between arbitrators and courts concerning the validity of a contract containing an arbitration clause, and transformations: regarding the severability doctrine -- U.S. arbitration law and its dialogue with the New York convention: the development of four issues
Summary:
"In the Museo del Prado there hangs a masterful work by Francisco de Goya entitled "Duelo a Garrotazos," meaning "Duel with Clubs." This canvas is arresting and foreboding. Set in the context of a stark sunset, two men face one another, both buried knee high so as to preclude any hope of escape, armed with clubs that are being swung in each other's direction. Their inability to dodge blows or otherwise flee from the deadly contest is underscored by the sense of rigidity arising from being "planted." The menacing intuition in the spectator of lethal harm is eloquently spawned by the outstretched clubs that inevitably find their immovable, fixed targets. Pursuant to this methodology, the underlying dispute shall somehow be settled and the particular conflict resolved by agreement of the parties, without State intervention or furtherance of national social policies incident to otherwise dispositive judicial recourse"-- Provided by publisher.
This resource is supported by the Institute of Museum and Library Services under the provisions of the Library Services and Technology Act as administered by State Library of Iowa.