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Frank Emmert: "International Business Transactions - Text, Cases and Materials", preliminary draft of Chapter 10 - Dispute Settlement

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Frank Emmert at Indiana University Indianapolis
Frank Emmert
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This is a preliminary and still quite incomplete draft of the chapter dealing with international commercial litigation and international commercial arbitration.
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Comity is the chief doctrine of international law requiring U.S. courts to respect the decisions of competent foreign tribunals However, comity does not and may not have the preclusive effect upon U
  • Egypt
  • That
Egypt alleges that, " Comity is the chief doctrine of international law requiring U.S. courts to respect the decisions of competent foreign tribunals. " However, comity does not and may not have the preclusive effect upon U.S. law that Egypt wishes this Court to create for it.
at 2856 (noting that on those facts, " [t]he parties agree[d] that it was proper for the District Court to decide whether their ratification dispute was arbitrable " )
  • Ct
Ct. at 2856 (noting that on those facts, " [t]he parties agree[d] that it was proper for the District Court to decide whether their ratification dispute was arbitrable " ).
Lijun Cao & Michael Moser: A Guide to the CIETAC Arbitration Rules
  • See Also
  • Jianlong Yu
See also Jianlong Yu, Lijun Cao & Michael Moser: A Guide to the CIETAC Arbitration Rules, Oxford University Press, Oxford, 2017.
3346, 3356, 87 L (internal citation omitted); cf. Revere Copper & Brass Inc., v. Overseas Private Investment Corporation, 628 F.2d 81, 82 (D.C.Cir.1980) (holding that There is a strong public policy behind judicial enforcement of binding arbitration clauses " ). A decision by this
  • Jan 1985
  • 2-444
  • S Ct
S. 614, 631, 105 S. Ct. 3346, 3356, 87 L. Ed. 2d 444 (1985) (internal citation omitted); cf. Revere Copper & Brass Inc., v. Overseas Private Investment Corporation, 628 F.2d 81, 82 (D.C.Cir.1980) (holding that, " There is a strong public policy behind judicial enforcement of binding arbitration clauses " ). A decision by this Court to recognize the decision of the Egyptian court would violate this clear U.S. public policy.
United States District Judge Date
  • Jul 2013
  • James E Boasberg
JAMES E. BOASBERG United States District Judge Date: June 6, 2013 ________ NOTES AND QUESTIONS 1)
demonstrate that there is an "emphatic federal policy in favor of arbitral dispute resolution," particularly "in the field of international commerce
  • 473
  • Act
Act," demonstrate that there is an "emphatic federal policy in favor of arbitral dispute resolution," particularly "in the field of international commerce." Mitsubishi v. Soler Chrysler-Plymouth, 473
CAS applied to this Court for enforcement of the award Egypt filed an appeal with the Egyptian Court of Appeal
  • Nov 1994
On October 28, 1994, CAS applied to this Court for enforcement of the award. On November 13, 1994, Egypt filed an appeal with the Egyptian Court of Appeal, seeking nullification of the award.
Egypt In the Matter of the Arbitration of Certain Controversies Between Chromalloy Aeroservices, a Division of Chromalloy Gas Turbine Corporation, Petitioner, and The Arab Republic of Egypt, Respondent, Civil No
  • Aug 1996
  • 94-2339
  • Chromalloy Aeroservices V
Chromalloy Aeroservices v. Egypt In the Matter of the Arbitration of Certain Controversies Between Chromalloy Aeroservices, a Division of Chromalloy Gas Turbine Corporation, Petitioner, and The Arab Republic of Egypt, Respondent, Civil No. 94-2339 (JLG), 31 July 1996