United States: International Arbitration

This country-specific Q&A provides an overview to International Arbitration laws and regulations that may occur in United States.

  1. Is your country a signatory to the New York Convention? Are there any reservations to the general obligations of the Convention?

  2. What other arbitration-related treaties and conventions is your country a party to?

  3. Is the law governing international arbitration in your country based on the UNCITRAL Model Law? Are there significant differences between the two?

  4. Are there any impending plans to reform the arbitration laws in your country?

  5. What are the validity requirements for an arbitration agreement under the laws of your country?

  6. Are arbitration clauses considered separable from the main contract?

  7. Is there anything particular to note in your jurisdiction with regard to multi-party or multi-contract arbitration?

  8. How is the law applicable to the substance determined? Is there a specific set of choice of law rules in your country?

  9. Are any types of dispute considered non-arbitrable? Has there been any evolution in this regard in recent years?

  10. In your country, are there any restrictions in the appointment of arbitrators?

  11. Are there any default requirements as to the selection of a tribunal?

  12. Can the local courts intervene in the selection of arbitrators? If so, how?

  13. Are arbitrators immune from liability?

  14. What is the approach of local courts towards a party commencing litigation in apparent breach of an arbitration agreement?

  15. How are arbitral proceedings commenced in your country? Are there any key provisions under the arbitration laws relating to limitation periods or time bars of which the parties should be aware?

  16. In what circumstances is it possible for a state or state entity to invoke state immunity in connection with the commencement of arbitration proceedings?

  17. What interim measures are available? Will local courts issue interim measures pending the constitution of the tribunal?

  18. What ethical codes and other professional standards, if any, apply to counsel and arbitrators conducting proceedings in your country?

  19. Can pre- and post-award interest be included on the principal claim and costs incurred?

  20. Does the arbitration law of your country provide a different standard of review for recognition and enforcement of a foreign award compared with a domestic award?

  21. Does the law impose limits on the available remedies? Are some remedies not enforceable by the local courts?

  22. To what extent might a state or state entity successfully raise a defence of state or sovereign immunity at the enforcement stage?

  23. Is emergency arbitrator relief available in your country? Is this frequently used?

  24. Is diversity in the choice of arbitrators and counsel (e.g. gender, age, origin) actively promoted in your country? If so, how?

  25. Have there been any recent court decisions in your country considering the setting aside of an award that has been enforced in another jurisdiction or vice versa?

  26. Have there been any recent court decisions in your country considering the definition and application of “public policy” in the context of enforcing or setting aside an arbitral award?