Conservatory and provisional measures in international arbitration: AAA's experience

Article Abstract:

There are several conservatory and provisional remedies that are used in international commercial arbitration that the American Arbitration Assn has empowered arbitrators to use. These remedies include the attachment of funds, judicial enforcement of awards, corrective measures such as agreements on single issues, alleviation of hardship by ordering the payment of interim relief funds, consolidation of claims or parties, maintaining confidentiality, receiverships and secured facility regimes.

Usage, Remedies, Powers and duties, Arbitrators, Conservatorships, Provisional remedies

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How to draft an AAA arbitration clause for international business

Article Abstract:

An arbitration clause is a desirable component of any international business contract. To encourage arbitration of all disputes, the clause should be broad. Under American Arbitration Association (AAA) guidelines, parties may select either international rules, or more specific AAA rules for commercial, patent, construction or securities disputes. Questions of location, language and likelihood of enforcement should also be considered.

Planning, International business enterprises, Multinational corporations, Contracts, Commercial arbitration agreements

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Piercing the veil: document discovery in arbitration hearings

Article Abstract:

Discovery in arbitration is permitted in most states, but limited in various degrees. Most discovery is for documentary evidence - corporate records of some sort that help to clarify the issues involved in the arbitration - but witnesses may also be called. In states that have passed the Uniform Arbitration Act, arbitrators have the power to subpoena witnesses and order documents to be produced.

Management, Testimony, Discovery (Law), Evidence, Documentary, Documentary evidence

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