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Use Of The Courts In Support Of International Arbitration

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Chapter Summary

This chapter focuses on the use of United States courts in support of international arbitration and attempts to assist counsel in identifying and planning strategic issues in international dispute resolution. It addresses the circumstances in which courts most often become involved in international arbitration: enforcement of an agreement to arbitrate. When parties include an arbitration clause in an international commercial agreement, questions may arise as to the scope or enforceability of the clause. The chapter also addresses the use of the courts to enforce an award issued in an arbitration proceeding. What factors the courts take into account in evaluating arbitral awards and the operation of the New York Convention are key issues for any party handling questions related to enforcement of awards. The chapter provides a review of issues and offers practical suggestions for counsel dealing with the courts in support of international arbitration.

Keywords: arbitral awards; arbitration clause; international arbitration; New York Convention; United States courts

10.1163/ej.9789004178854.i-556.146
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