The New York Convention, the Doctrine of Self-Executing Treaties, and the Restatement of the Law of International Commercial and Investor-State Arbitration - Chapter 47 - Reflections on International Arbitration
Among the many achievements of which George Bermann can justifiably be proud—across a long career replete with notable achievements—is the recent completion of the American Law Institute (ALI)’s Restatement of the Law: The U.S. Law of International Commercial and Investor-State Arbitration.
Every Restatement is, by definition, a challenging affair—only attempted when the law in a particular area (judicial decisions together with related statutory provisions) has evolved to a point where a “clear formulation … of the law as it presently stands or might appropriately be stated by a court would be helpful.” Difficult as the task can be in areas governed primarily by the common law (such as torts, contracts, conflicts or property), it is especially challenging in fields that, like international arbitration, rest on a combination of domestic statutes, international treaties and judicial decisions.
Moreover, the “field” of international commercial and investment arbitration has emerged relatively recently and developed quickly. It had not previously been addressed by the ALI. The successful conclusion of the new Restatement under Prof. Bermann’s leadership (he served as the coordinating “Reporter”) is a truly significant accomplishment.