Jurisdictional discovery is a largely unknown, uniquely American device that combines two of the more internationally problematic aspects of United States civil procedure, namely an exceptionally broad view of extraterritorial jurisdiction and an expansive approach to pre-trial discovery. The...

Class arbitration is a dispute resolution device that takes certain procedures more commonly seen in judicial class actions and transplants them into arbitration. The mechanism is of great interest in North America right now, with both the U.S. Supreme Court and the Supreme Court of Canada...

Abaclat v. Argentine Republic is the first time that a mass claim (in this case, 60,000 Italian bondholders) has been brought in an investment arbitration. This Article considers the propriety of those proceedings from a unique perspective, namely that of regulatory law. In so doing, this...

Conventional wisdom considers post-dispute arbitration agreements involving large numbers of parties to be impossible to obtain due to difficulties associated with obtaining consent from the various parties. However, the recent jurisdictional award in Abaclat v. Argentine Republic suggests...

Trusts and their civil law equivalents, often known as foundations or associations, play a large and increasing role in the global economy, holding trillions of dollars worth of assets and generating billions of dollars worth of revenue and trustees' fees annually. Once considered nothing more...

To the uninitiated, international commercial arbitration may seem as if it “isn't all that different” from domestic arbitration or litigation. However, the truth of the matter is that international commercial arbitration is an extremely challenging area of law, full of traps for...

This Essay considers the tension between the autonomous theory of international commercial arbitration and the more interactive theory advanced by Gary Born during his keynote address at the recent “Border Skirmishes” symposium at the University of Missouri School of Law. In his...

With hostile trust litigation reaching epidemic proportions, many people within the trust industry are interested in identifying new and less expensive ways to resolve trust-related disputes. Arbitration is often proposed as a possible alternative, although questions exist about whether and to...

Over the last few years, the international legal community has become increasingly interested in anti-arbitration injunctions. Although very few courts have actually addressed this issue, the Caribbean Court of Justice (CCJ) recently considered an anti-arbitration injunction in British Caribbean...

Recent years have seen an increasing amount of criticism of international commercial arbitration, primarily because of concerns about excessive legalism and the attendant increase in the amount of time and money spent on the dispute resolution process. The common assumption is that international...