|Help

International Arbitral Jurisdiction: When Taking Control Goes out of Control - Chapter 6 - AAA/ICDR Handbook on International Arbitration Practice

Author(s): 
Philip D. O’Neill
Page Count: 
24 pages
Media Description: 
PDF from "AAA/ICDR Handbook on International Arbitration Practice
Published: 
September, 2010
Jurisdictions: 
International,
United States
Practice Areas: 
Right to Decide on Jurisdiction,
Commercial Disputes,
Jurisdiction and Powers of the Courts in Matters of Arbitration Generally,
Dispute Resolution & Litigation,
ADR,
International Litigation,
AAA,
ICDR
Author Detail: 

Philip D. O'Neill, Jr. is a partner in the international practice group in the Boston and New York offices at Edwards Angell Palmer & Dodge LLP. His practice mainly involves cross-border business disputes. In addition, he frequently sits as an arbitrator. He has been an adjunct professor of international arbitration at Boston College Law School since 1989, and was Nomura Lecturer in Law on International Arbitration at Harvard Law School in 2005.

PDF197.74 KB

$40.00
Description: 

Originally from AAA/ICDR Handbook on International Arbitration Practice

Preview Page

 

In the United States, as in many other countries, the parties to a commercial contract are largely free to fashion their dispute resolution agreements as they see fit. This recognition of “party autonomy” is one of the principal characteristics that makes arbitration, particularly for cross-border disputes, so attractive. It allows parties to determine at the outset of their commercial relationship the dispute resolution processes they will use, a suitable forum where any future disputes will be heard, and the procedures uniquely fitted to their needs. During the negotiation of the dispute resolution clause, the parties have an opportunity to take control of that process—an opportunity that many parties frequently ignore, only to later face the consequences. However, parties who try to take a control of their dispute resolution clauses often leave open issues or fail to draft the clause with sufficient precision, which also creates jurisdictional problems later on.