Noah Rubins is an Associate, international litigation and arbitration practice, Jones, Day, Reavis & Pogue, Washington, D.C.; J.D., Harvard Law School; M.A.L.D., Fletcher School of Law and Diplomacy; A.B., Brown University. I am deeply grateful to Arthur von Mehren for his supervision and invaluable assistance in the original draft of this article. I would also like to thank Barry Garfinkel, John Gardiner and Dana Freyer of Skadden, Arps in New York for their insightful comments and support.
When Adam ... Sued for Eve’s favor, says an ancient law report, He stood and pleaded unhabilimented. “You sue ‘in forma pauperis,’ I see,” Eve cried; “Actions can’t here be that way prosecuted.” So all poor Adam’s motions coldly were denied: He went away , as he had come , nonsuited.
-- Ambrose Bierce
In God we trust, all others pay cash.
-- American Proverb
Trust in Allah, but tie your camel.
-- Arab Proverb
In light of the exponential expansion of the scope and frequency of arbitration proceedings in commercial dealings throughout the world, much has been written on the actual benefits conferred by the resort to private, rather than public, dispute resolution tribunals.1 Indeed, neutrality, enforceability, and expertise make arbitration an indispensable mechanism in the resolution of complex, cross-border economic disputes.2