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American Law Institute approves draft of international arbitration Restatement

UNIVERSITY PARK, Pa. – The membership of the American Law Institute (ALI) approved chapter 3, the final chapter, of the Restatement, Third, of the U.S. Law of International Commercial Arbitration on May 21 at its meeting in Washington, D.C. Chapter 3 deals with the role of courts in relation to arbitral proceedings, and included sections on such topics as the power to order discovery in support of arbitration, arbitrator immunity, and a novel section on the professional conduct of counsel and party-representatives.

Penn State Law professor Catherine Rogers is one of four reporters for the international arbitration Restatement and has been working on the project for approximately 10 years. Rogers and her fellow reporters will spend the next year updating a few sections of the Restatement and will present the full project for final approval by the ALI membership at its 2019 annual meeting.

Restatements are a revered feature in U.S. law. The ALI selects areas of law that are distilled or “restated” by leading scholars to provide guidance to courts and practitioners in the relevant field. In form, a Restatement is a series of “black letter” rules and related commentary with “Reporters’ Notes” that explain and analyze the underlying case law. In making a Restatement, selected legal scholars, called reporters, produce a draft, which is then extensively vetted by a range of carefully selected advisers and consultants and ultimately approved through ALI processes, including the Council and full membership.

Penn State Law students have worked actively with Rogers over the course of the project in finalizing the draft and will continue to work with her to complete updates over the next year.

Rogers, professor of law and the Marjorie Price Faculty Scholar at Penn State Law, also serves as professor of ethics, regulation & the rule of law and director of the Institute for Ethics, Regulation & the Rule of Law at Queen Mary University of London. She is co-chair of the ICCA-Queen Mary Task Force on Third-Party Funding in International Arbitration and is the founder of Arbitrator Intelligence, an NGO that aims to increase fairness, transparency, and accountability in the arbitrator selection process, and increased diversity in arbitrator appointments.

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