LSW’s John Siffert and Brett Mead co-authored with  Steven Skulnik the lead article  in the upcoming issue  of Dispute Resolution Journal, entitled “Application of Mandatory Law in U.S. Arbitration.”  It describes how  international and domestic arbitral claims arising under mandatory laws are treated in jurisdictions other than where the claims arise.   The authors then analyze the effect of choice-of-law provisions on mandatory law. Finally, the authors explore how mandatory law may be treated by arbitrators. The authors conclude that “absent clear judicial guidance, arbitrators will be left to discern for themselves whether to apply mandatory law claims that arise from statutes enacted in a state that is not designated in the choice-of-law clause.”

The full text of the article may be found by clicking here.

The article appears in the September-October 2024 issue of the Dispute Resolution Journal, a world-recognized authoritative resource for advocates, neutrals, parties, educators, public-policy leaders, and corporate executives. It is also the flagship publication of the American Arbitration Association (AAA)- International Centre for Dispute Resolution (ICDR). The ICDR is the international division of the AAA, the largest arbitral institution in the world.  The ICDR is the foremost provider of global conflict-resolution solutions to businesses and organizations involved in cross-border disputes.

John Siffert, FCIArb, is a member of the AAA’s National Roster of Commercial Arbitrators and National Roster of Mediators.