TY - BOOK ID - 78532153 TI - The American influence on international commercial arbitration : doctrinal developments and discovery methods PY - 2009 SN - 110719430X 0511576668 0511518021 0511515618 0511514484 0511516894 9780511518027 9780511576669 9780521765886 0521765889 9781107679375 1107679370 PB - Cambridge : Cambridge University Press, DB - UniCat KW - International commercial arbitration. KW - Discovery (Law) KW - Arbitration and award KW - Law KW - Pretrial discovery KW - Equity pleading and procedure KW - Pre-trial procedure KW - Arbitration and award, International KW - Commercial arbitration, International KW - International arbitration and award KW - International commercial arbitration KW - Conflict of laws KW - American influences. KW - Law and legislation KW - General and Others KW - Arbitration and award - United States KW - Law - American influences UR - https://www.unicat.be/uniCat?func=search&query=sysid:78532153 AB - This text traces the contours of US doctrinal developments concerning international commercial arbitration. It explores international commercial arbitration as a bridge that creates symmetry between what the author perceives as an anomaly arising from the disparities between the monolithic framework arising from economic globalization and a fragmented global judicial counterpart. Specifically, American common law discovery precepts are analyzed through the prism of the fundamental precepts of party-autonomy, predictability, uniformity, and transparency of spender, which the author contends to be the rudimentary tenets of both the American common law procedural rubric and the very principles that international commercial arbitration seeks not only to preserve but to enhance. Therefore, as the author asserts, the discovery process endemic to American common law comports more closely with international commercial arbitration both procedurally and theoretically than with those of the 'taking of evidence' methodology commonly used in international commercial arbitrations held under the auspices of arbitral institutional bodies. ER -