An Empirical Survey of International Commercial Arbitration Cases in the US District Court for the Southern District of New York, 1970-2014

Vera Korzun, Adjunct Professor at Fordham University School of Law, and Thomas H. Lee, Leitner Family Professor of International Law at Fordham University School of Law, have published “An Empirical Survey of International Commercial Arbitration Cases in the US District Court for the Southern District of New York, 1970-2014,” Fordham International Law Journal, Vol. 39, No. 2, 2015; Fordham Law Legal Studies Research Paper No. 2698315. In their research paper, the authors analyze international arbitration-related litigation data from the Southern District of New York beginning on the date the New York Convention went into effect through mid-September 2014.

Here is the abstract:

This Article identifies and organizes the circumstances in which national courts play a role in international commercial arbitrations — border crossings. It then records and analyzes empirical data of these border crossings in cases filed in a key national court for international arbitration-related litigation: the US District Court for the Southern District of New York. Data were collected from the date of entry into force for the United States of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”) on December 29, 1970 to September 15, 2014. Based on interpretation of these data, the Article suggests how to regulate the border crossings to best balance the policy goals of international commercial arbitration with reasonable allowances for national sovereignty and fidelity to the New York Convention.

This and other scholarly papers written by Professors Korzun and Lee may be downloaded free of charge from the Social Science Research Network.

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