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- Title
In Rem Jurisdiction in an Action to Confirm and Enforce a Foreign Arbitral Award Generally and Jurisdiction Based Upon the Presence of a U.S. Subsidiary Specifically.
- Authors
Pinkston, Jarred
- Abstract
The article presents an analysis on the issue of whether property located inside the U.S. must relate to the genesis of the dispute in order to create jurisdiction to enforce a foreign arbitral award against the property. The author is critical on the principles of U.S. law which include debtors should pay their debts, the law's active embrace of a pro-arbitration policy and the jurisdictional requirements of the Constitution. Moreover, the reconceptualization of the issue is also examined.
- Subjects
UNITED States; JURISDICTION (Administrative law); ARBITRATION &; award; REAL property; DEBTOR &; creditor
- Publication
Review of Litigation, 2011, Vol 30, Issue 3, p415
- ISSN
0734-4015
- Publication type
Article