The Law and Practice of Arbitration

References and notes

• Carbonneau , TE . 2009 . The Law and Practice of Arbitration , 3rd , 507 – 509 . New York , NY : Juris Publishing Inc. .
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• Carbonneau , TE . 2009 . The Law and Practice of Arbitration , 3rd , 388 New York , NY : Juris Publishing Inc. .
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• § , USC . 1 et seq
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• §1286.2 of California Code of Civil Procedure lists six grounds for vacation of an arbitral award: The court shall vacate the award if the court determines any of the following: (1) The award was procured by corruption, fraud, or other undue means. (2) There was corruption in any of the arbitrators. (3) The rights of the party were substantially prejudiced by misconduct of a neutral   arbitrator. (4) The arbitrators exceeded their powers and the award cannot be corrected without   affecting the merits of the decision upon the controversy submitted. (5) The rights of the party were substantially prejudiced by the refusal of the arbitrators   to postpone the hearing upon sufficient cause or by the refusal of the arbitrators to   hear evidence material to the controversy. (6) An arbitrator making the award either: (A) failed to disclose within the time required   for disclosure a ground for disqualification of which the arbitrator was then aware;   or (B) was subject to disqualification but failed to disqualify himself or herself
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• Stolt-Nielsen SA v. AnimalFeeds Intern. Corp, 2008 AMC 2722
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• The AMC was found in 1923 by practicing US maritime lawyers. It has collected and published all significant maritime decisions rendered by United States (Federal and State) courts. In addition to US maritime cases, it also reports legislative action, administrative law decisions, and arbitration decisions
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• Stolt-Nielsen SA v. Animalfeeds Int’l Corp., 435 F.Supp.2d 382, at 387 (S.D.N.Y.2006)
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• Duferco Int’l Steel Trading v. T. Klaveness Shipping A/S, 333 F.3d 383, at 388 (2d Cir.2003)
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• Duferco Int’l Steel Trading v. T. Klaveness Shipping A/S, 333 F.3d 383, at 389 (2d Cir.2003)
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• Carbonneau , TE . 2009 . The Law and Practice of Arbitration , 3rd , 453 – 506 . New York , NY : Juris Publishing Inc. .
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• Kompetenz–kompetenz (also known as jurisdiction to rule on jurisdiction), it gives arbitrators jurisdictional powers that are equal to those of courts. Arbitral tribunals can rule on questions or challenges that pertain to their right to rule (e.g., did the parties enter into an arbitration agreement? Or is it a valid and enforceable contract? Or does it cover the dispute in question?). Under kompetenz–kompetenz, the arbitrators rule first on these matters. Their determinations are subject to de novo review by the courts at a much later stage of the process
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• See Erik Schafer, Herman Verbist and Christophe Imhoos, ICC Arbitration in Practice (2005); Thomas H. Webster and Michael W. Buhler, Handbook of ICC Arbitration: Commentary, Precedents, Materials (2nd ed. 2008)
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• CARBONNEAU, T. E., 1981, The Elaboration of A French Court Doctrine On International Commercial Arbitration: A Study in Liberal Civilian Judicial Creativity, 55 Tul. L. Rev. 1
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• Professor Carbonneau uses the NIOC v. Israel case [Cour d’appel (CA) (regional court of appeal) Paris, 29 March 2001, 2002, Rev. Arb. 427] to illustrate his points. The NIOC v. Israel case indicates that the French courts continue to assume a vigorous position in the development of international legal rules on arbitration. In NIOC v. Israel, “NIOC” filed an action before the French courts requesting that they appoint an arbitrator on behalf of Israel which had defaulted on its obligation. The dispute related to a long-standing pipeline project. The only connection between the French legal order and the transaction was a reference in the contract to the possible intervention of the ICC, headquartered in Paris, in the event of a procedural deadlock between the parties. The Israeli refusal to appoint its arbitrator, a strategy aimed to deprive the NIOC of its ability to adjudicate the dispute. The Court of Cassation ruled that French law required national courts to rule on a matter involving an arbitration taking place abroad, when the matter does not involve any national interest or party, the purpose is to avoid a denial of justice in international commercial arbitration
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• The idea is consistent with Professor Carbonneau's 2004 article published in Michigan Journal of International Law. [Carbonneau, Arbitral Law-Making, 25 Mich. J. Int’l L. 1183 (2004)]
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• The idea is consistent with Professor Carbonneau's 2004 article published in Michigan Journal of International Law. [Carbonneau, Arbitral Law-Making, 25 Mich. J. Int’l L. 1183 (2004)]. All of this can be accomplished under the watchful eye of lawyers who write arbitration agreements and represent clients before arbitral tribunals
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• The idea is consistent with Professor Carbonneau's 2004 article published in Michigan Journal of International Law. [Carbonneau, Arbitral Law-Making, 25 Mich. J. Int’l L. 509 (2004)]
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