ARBITRATION IN THE USA: THE MAIN TRENDS IN LEGAL REGULATION

The article is devoted to the study of the current state of the legal regulation of arbitration in the USA. The author analyzes the transformation of regulatory sources – regulations, court precedents, regulations of arbitration institutions in 2019–2022. It is noted that in 2022, the chapter 4 was added to the US Federal Arbitration Act. A brief analysis of the latest precedents of the U. S. Supreme Court and the Appellate Courts of the districts in the field of arbitration is given. Objective. To form understanding of the formation and development of arbitration in the United States based on the analysis of regulations, judicial precedents, and scientific sources. Methods. Theoretical methods of formal and dialectical logic; empirical methods of comparison, description, interpretation. Private scientific methods were used: legal- dogmatic and method of interpretation of legal norms. Results. The conducted research showed that the decision of the US Supreme Court in 2022 in the case “ZF Automotive US Inc et al. v. Luxshare Ltd” clearly demonstrates the tendency of increasing court interference in arbitration practice. Conclusions. The main trends in the practice of US arbitration institutions over 2019–2022 include: a) accelerated arbitration; b) emergency arbitration; c) simplified (summary) proceedings; d) virtual hearings and digital tools; e) data protection and cybersecurity. These trends should be regarded as positive and recommended for implementation in the regulations of Russian arbitration institutions (arbitration courts). © 2024, Russian Academy of Sciences. All rights reserved.

Авторы
Ermakovaermakova_Ep@Rudn.Ru
Издательство
Наука
Номер выпуска
1
Язык
Russian
Страницы
169-78
Статус
Published
Том
2024
Год
2024
Организации
  • 1 Law Institute, RUDN University, Moscow, Moscow Oblast, Russian Federation
Ключевые слова
data protection and cybersecurity; emergency arbitration; expedited arbitration; Federal Arbitration Act; simplified (summary) proceedings; US arbitration; virtual hearings
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