Arbitration

Wilmamina Tuliloa-Leafa

International Law

Argosy University

Monarch Associates, a U.S. computer parts manufacturer, entered into a joint venture with a Russian computer technology company, Vladir Unlimited. The joint venture agreement was signed by both parties but created by Vladir and had an arbitration clause that called for all legal and nonlegal disputes, to be arbitrated in Russia. Vladir could also choose arbitrators from a panel maintained by the Russia Arbitration Institution. The panel members live in Russia.

Monarch now contends that a legal dispute with Vladir should be handled in the United States. Vladir insists that the dispute should be handled in Russia.

Using your textbook, the Argosy University online library resources, and the Internet, research international law and its application to companies such as these. Write a five-page paper in Word format. Apply APA standards for writing style to your work.

Use the following file naming convention: LastnameFirstInitial_M1_A3

Respond to the following questions in your essay:

What laws govern arbitration in the U.S.? In Russia?

The United States is party to the Inter-American Convention on International Commercial Arbitration of 1975 (the Panama Convention). In situations where both the New York and Panama Conventions apply, the Panama Convention takes precedence if a majority of the parties to the arbitration agreement are from member states of the Organization of American States and from states that have ratified or acceded to the Panama Convention. See 9 USC § 307.

The United States has both a federal and state legal system. The relationship between the federal and state laws on the topic of arbitration is an evolving one, and in addition to the statutes enacted at the federal and state levels, US arbitration law includes decision by courts interpreting the statutes.

At the federal level, the law governing arbitrations conducted in the United States is the Federal Arbitration Act (FAA), 9 USC...