USA Law and Practice Contributed by: Matthew Kirtland, Timothy Tyler, Katie Connolly and Taylor LeMay, Norton Rose Fulbright US LLP
(c) energy and resources (10%); (d) construction and infrastructure (8%); (e) technology (6%); (f) professional services (5%); and (g) healthcare and pharmaceuticals (5%). • International Centre for Dispute Resolution (ICDR) (2025) in descending order: (a) technology; (b) construction; (c) financial services; (d) energy; (e) entertainment; (f) real estate; (g) life sciences; and (h) transportation and automotive. 1.3 Arbitration Institutions According to a recent survey, the following institu - tions’ rules were chosen most frequently for interna - tional disputes (in descending order): • ICC; • Hong King International Arbitration Centre (HKIAC); • Singapore International Arbitration Centre (SIAC); • LCIA; and • UNCITRAL Rules. In North America, the top institutions are (in descend - ing order): • ICC; • American Arbitration Association (AAA) or its affili - ated International Centre for Dispute Resolution (ICDR); • LCIA; • Singapore International Arbitration Centre (SIAC); and • UNCITRAL Rules. Two other institutions of note in the United States are the International Institute for Conflict Prevention and Resolution (CPR) and Judicial Arbitration and Media -
cases than others (ie, Washington, DC and New York City). State courts have concurrent jurisdiction with fed - eral courts under the Federal Arbitration Act (FAA); see 2.1 Governing Law for more detail. Some states have specific provisions for handling international arbitration matters. In some counties in New York, for example, state courts assign international arbitration- related cases to a dedicated judge, while in Florida the Florida International Commercial Arbitration (ICA) court hears international commercial arbitration mat - ters. The FAA governs arbitration in both state and fed - eral courts. Chapter 1 of the FAA concerns arbitration generally and primarily governs domestic arbitration. It applies to international arbitration insofar as it does not conflict with Chapters 2 and 3, which implement the New York and the Inter-American Convention on Commercial Arbitration (Panama Convention), respec - tively. Chapter 4, added in 2022, prohibits employers from requiring employees or contractors to arbitrate claims of sexual harassment or sexual assault. It appears that Chapter 4 applies in international cases, but this has not been tested extensively in the courts. The FAA is not based on the UNCITRAL Model Law, but several US states have based their state interna - tional arbitration laws on the Model Law, including California, Texas and Florida. 2.2 Changes to National Law There have not been significant changes to the FAA since 2022, when Chapter 4 was added (see 2.1 Gov- erning Law ). 2. Governing Legislation 2.1 Governing Law
3. The Arbitration Agreement 3.1 Enforceability
tion Services (JAMS). 1.4 National Courts
There are no federal courts in the United States that specialise in hearing disputes related to international arbitration, although certain jurisdictions hear more
The FAA places arbitration agreements on “equal foot - ing” with other contracts. Under the FAA, an arbitra - tion agreement must be in writing and must be part
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