Americanization of International Arbitration and Vice Versa
Fazzi, Cindy, Dispute Resolution Journal
Americanization of International Arbitration and Vice Versa Arbitration of International Business Disputes: Studies in Law and Practice. By William W. Park. Oxford, U.K.: Oxford University Press (U.S. Web site: www.oup.com/us/), 2006. Hardcover. $250. 663 pages.
International arbitration may have been Americanized over the years, but American arbitration has equally been internationalized, according to William W. Park, law professor at Boston University, vice president of the London Court of International Arbitration, and general editor of Arbitration International.
In this collection of essays drawn from the author's 25 years of writing, Park addresses some of the most important issues in cross-border business dispute resolution. He covers a wide range of topics, including the procedural evolution in business arbitration; issues pertaining to the legal framework of arbitration; and the application of arbitration in such areas as finance, intellectual property and taxation.
Cross-Pollination of Arbitration
On the subject of evolution, Park writes about the intellectual "cross-pollination" of international arbitration, which refers to the melding of different ways of resolving disputes. International arbitration brings together divergent legal traditions, as exemplified by the international cooperation involved in drafting the United Nations Commission on International Trade Law (UNCITRAL) Model Law on International Commercial Arbitration.
While cross-pollination is considered to be largely positive, Park said it is not always well received. "In particular, one frequently hears complaints about the 'Americanization' of arbitration, usually related to aggressive litigation tactics that include hefty boxes of unmanageable exhibits, costly pre-trial discovery, and disruptive objections to evidence," he writes.
And yet, American arbitration has also been greatly influenced by international practices. …