Includes bibliographical references and index.

Introduction -- The formation and transformation of the status of international and domestic arbitration in the United States -- Wilko v. Swan, Scherk v. Alberto-Culver, and Mitsubishi v. Soler : crafting a level playing field -- Procedural change and 28 U.S.C. 1782 : the taking of evidence v. common law discovery -- The gathering of evidence v. common law discovery -- What has really happened? The effects of a trilogy examined -- The new unorthodox conception of common law discovery in international arbitration -- And now how do we avoid 28 U.S.C. Section 1782 in international commercial arbitration? -- Perjury & arbitration : the honor system where the arbitrators have the honor and the parties have the system -- Developments in the apportionment of jurisdiction between arbitrators and courts concerning the validity of a contract containing an arbitration clause, and transformations regarding the severability doctrine -- U.S. arbitration law and its dialogue with the New York Convention : the development of four issues.

This book explores how key doctrines of U.S. common law—especially the expansive discovery mechanisms—have influenced the development of international commercial arbitration. Martínez‑Fraga argues that American procedural norms, particularly around evidence gathering, align more naturally with arbitration’s principles of party autonomy, predictability, uniformity, and transparency, rather than with more traditional “taking of evidence” approaches used in many arbitration institutions.