Читать книгу Anuario de arbitraje 2018 - Mª José Menéndez Arias - Страница 6

The so-called «Americanization» of international arbitration has been addressed by many scholars and practitioners from both sides of the Atlantic. We humbly offer this small addition to the literature on the topic to consider the thoughts of others, share some of our own, and provide an update on where Americanization stands in international arbitration today.

In section II, we will consider what is meant by Americanization. In section III, we set forth a brief history of American involvement in and contributions to the development of modern-day international arbitration. In section IV, we examine whether the United States is truly to blame for the increased formalization and judicialization of international arbitration. In section V, we discuss where Americanization stands today with regard to several issues of arbitral procedure. In section VI, we propose greater use in international arbitration of an underused feature of American litigation and finally, in section VII, we draw a (provisional) conclusion.