Delaware as a Next Generation Hub for International Arbitration Practice : Building the Case for the First State

This chapter builds the case for Delaware, the ‘First State,’ as an important next generation hub for international arbitration practice in the United States. It argues that the international arbitration community should more inquisitively and systematically engage with the state, its body of relevant law and precedent, and its legal community. In support of this argument, the chapter discusses Delaware’s special relationship to U.S. corporations and its role in shaping U.S. corporate law. It then considers Delaware as a venue for litigation in aid of and in support of international arbitration, including for ancillary discovery, injunctions and conservatory measures, confirmation and enforcement of arbitral awards, and asset recovery in aid of award creditors. Next, it looks at Delaware as a potential seat for arbitration, including examination of Delaware’s Rapid Arbitration Act. Finally, the chapter concludes with forward looking remarks