"I realise that some of my criticisms may be mistaken; but to refuse to criticize judgements for fear of being mistaken is to abandon criticism altogether... If any of my criticisms are found to be correct, the cause is served; and if any are found to be incorrect the very process of finding out my mistakes must lead to the discovery of the right reasons, or better reasons than I have been able to give, and the cause is served just as well."

-Mr. HM Seervai, Preface to the 1st ed., Constitutional Law of India.

Thursday, December 4, 2008

SSRN Articles

There are some extremely good articles at SSRN on arbitration and contract law. Abstracts of some of the articles are given below.

As the title suggests, this article focuses on choice-of-law problems surrounding domestic parties who chose international law to govern their disputes. This phenomenon is becoming more and more common and is creating a great deal of confusion in many sectors of the legal community. At the same time, legislation to deal with the issue has not kept pace. This article discusses the problem, its eccentricities, and how several different attempts have been made to deal with the problem. It also looks at an illustrative case, Grecon v. Horner, from the United States Court of Appeals for the Fourth Circuit, in order to illustrate the problem and the results-oriented approach that I advocate.
Mauricio Gomm Santos Sr. & Smith II, Addressing the New York Convention's Latest Challenge: Enforcing Annulled Foreign Awards
After the case of TermoRio v. Electranta, it appears that American courts have a stronger direction regarding the enforcement of arbitral awards annulled in the country of origin. The TermoRio court decided that it could not enforce in the United States an arbitral award annulled in the country of origin unless there are extraordinary circumstances or evidence of fraud. For parties seeking to enforce annulled awards, TermoRio will be an obstacle. But there still may be various avenues for enforcing annulled awards, and this article analyzes some of them.

[The decision which the authors referred to can be found here]

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