Originally from Journal of American Arbitration (JAA)

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In my recently completed research on U.S. minorities in international commercial arbitration,  I surveyed distinguished international commercial arbitration practitioners from around the world to try to find whether they had had any experience with U.S. minorities in the principal roles played by actors in international commercial arbitration (arbitrator, expert, and/or party counsel and to a lesser extent in arbitral institutions or as judges).  I thought it important to study this question in international commercial arbitration because this form of arbitration plays a key role in providing for the rule of law in the transnational environment.  International commercial arbitration is associated with universalist principles: neutrality (for example, by selection of a neutral nationality for a chair or sole arbitrator), independence, due process, party autonomy, and arbitral discretion.  It is thought of as a mechanism that could be opened to all types of entities in international commercial disputes coming from around the world.  For my survey, I was curious to see if U.S. minorities were playing some role in this universalist enterprise.