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Conclusion

Published online by Cambridge University Press:  11 July 2009

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Summary

Eliminating the badges of judicial prejudice and hostility against arbitration has been a gradual doctrinal development, but certainly one that reached fruition with the Supreme Court's mandate in Mitsubishi. The acceptance of arbitration as an alternative dispute resolution methodology in domestic and international contexts by the judiciary, scholars, captains of industry, and practitioners has advanced the cause of fashioning a dispute resolution framework that comports with contemporary economic globalization. It has mitigated the fissure between an economic order characterized by economic globalization and a fragmented transnational judicial rubric. Indeed, it has served to create a temporal bridge in dispute resolution until such time as transnational courts of civil procedure competent to adjudicate private commercial disputes become a viable reality. This success, however, has spawned new issues that must be addressed if the cross-fertilization of legal systems is to be incorporated into international commercial arbitrations and parties from different juridic and cultural backgrounds are to have their expectations fulfilled when engaging in alternative dispute resolution of this kind. By way of example, such fundamental developments as the incorporation of U.S. common law discovery in certain international commercial arbitral contexts compels judges, practitioners, commentators, and arbitrators to discard old prejudices and consider new paradigms that actually underscore debilities endemic to orthodox preconceptions and views governing this issue and best comport with contemporary developments.

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The American Influences on International Commercial Arbitration
Doctrinal Developments and Discovery Methods
, pp. 188 - 190
Publisher: Cambridge University Press
Print publication year: 2009

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  • Conclusion
  • Pedro J. Martinez-Fraga
  • Book: The American Influences on International Commercial Arbitration
  • Online publication: 11 July 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511576669.014
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  • Conclusion
  • Pedro J. Martinez-Fraga
  • Book: The American Influences on International Commercial Arbitration
  • Online publication: 11 July 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511576669.014
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Conclusion
  • Pedro J. Martinez-Fraga
  • Book: The American Influences on International Commercial Arbitration
  • Online publication: 11 July 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511576669.014
Available formats
×