Читать книгу Anuario de arbitraje 2018 - Mª José Menéndez Arias - Страница 8

Given that the modern development of international commercial and investment-treaty arbitration occurred at a time when the United States was the largest economic power in the world14), perhaps the most surprising aspect of the Americanization «trend» is that it was ever considered a trend in the first place15). The. In hindsight, it seems inevitable and unsurprising that American law and its practitioners would exercise a considerable degree of influence on international arbitration. But, despite playing a role in the early development of international arbitration16), American participation in the creation of the International Court of Arbitration of the International Chamber of Commerce (ICC) in 1923 and, more importantly, the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention) in 1958 was largely lacking17). The United States was the thirty-sixth country to accede to the New York Convention and did not do so until 197018).

Even though the US government was not highly involved in these key developments in international arbitration, American lawyers and law firms had begun to play a larger role, starting with post-war disputes over oil concessions nationalized by newly independent former colonies19). American law firms, with their relative size advantage over European firms at the time, were selected «because of their expertise in case management and documentation, despite a lack of experience in arbitration and that the clients were seldom based in the United States20)». Through these and other developments21), more American lawyers were exposed to international arbitration, came to find it effective, and advocated its use to their clients. By 2005, «the American business and legal communities accepted arbitration as the preferred method of settling international commercial disputes22)», a preference that seems to have been maintained since then as well23).