This article provides a short prospectus for the unwary lawyer who must venture into unfamiliar territory abroad. Although there are numerous arbitral forums available in countries all over the world, this article will focus primarily on the LCIA and the ICC. Following a brief history of international arbitration and the history of these two international arbitral forums, the article will discuss some of the major issues in international arbitration such as forum selection, issue preclusion and procedural matters. This article also includes sections on appealing awards and enforcement of awards under existing international treaties. The article is brought to a close with a discussion of potential problems for American lawyers representing clients in foreign arbitral forums. Included in this article are excerpts from research interviews with Mr. Adrian Winstanley, Registrar of LCIA.
Kenneth F. Dunham,
International Arbitration Is Not Your Father's Oldsmobile,
2005 J. Disp. Resol.
Available at: https://scholarship.law.missouri.edu/jdr/vol2005/iss2/3