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United States of America (USA) Delos Guide To Arbitration Places (GAP)

By Louise Woods and Peter Danysh

The United States is one of the most sought-after arbitration venues in the world. The United States is known for vigorous enforcement of arbitral awards, neutral dispute resolution, and judicial preferences in favor of arbitration. The United States also has a reputation for permitting more invasive discovery than other jurisdictions, even in streamlined arbitration proceedings.

Many arbitrations in the United States are governed by the Federal Arbitration Act (“FAA”), which applies to any arbitration affecting interstate commerce (generally defined as commercial trade, business, movement of goods or money, or transportation from one state to another, which is regulated by the federal government according to powers set out in Article I of the Constitution) or international commerce. Each state typically has its own arbitration statute as well. However, a state statute generally applies only where the FAA is silent or if the dispute is entirely local to a particular state. The FAA bears some similarity to the UNCITRAL Model Law on International Commercial Arbitration. However, there are important differences. Unlike the Model Law, the FAA provides different grounds for vacating an award and also contains some default rules of procedure where the parties fail to agree to a governing set of rules. Read full article here.

About the Authors:

Louise Woods is a partner in Vinson & Elkins’ London office. Her practice focuses on international commercial and investor-state arbitration and commercial litigation. Her experience across a wide range of industry sectors includes arbitration under all the major institutional arbitration rules, as well as ad hoc arbitration under the UNCITRAL Rules and litigation before the High Court. Louise’s work has been recognized by her inclusion in Legal 500’s inaugural International Arbitration Powerlist: United Kingdom, as well as by her Legal 500 UK 2020 ranking in the area of International Arbitration, where she is described as “an excellent lawyer who is very sharp and easily accessible”.

Peter Danysh’s principal area of practice is complex commercial litigation, with a focus on international disputes. His experience includes work on both international commercial and investor-state arbitrations under numerous institutional rules, including the International Chamber of Commerce (ICC), International Centre for Settlement of Investment Disputes (ICSID), and the United Nations Commission on International Trade Law (UNCITRAL). Peter has worked on international disputes for clients in both civil and common law jurisdictions all over the world, with a focus on Latin America, and additional experience in Asia and the Middle East. His work also spans several industries, with particular experience in construction and energy.

This information is provided by Vinson & Elkins LLP for educational and informational purposes only and is not intended, nor should it be construed, as legal advice.