Introduction

Perhaps it is a tautology that in the resolution of commercial disputes in the international arena, nationality—of the parties and the deciding forum—matters a great deal. When a dispute arises, requiring resolution by a neutral arbiter, partners in business become adverse parties, and both sides are wary of placing the decision in the hands of the judiciary of their counterpart's country, out of fear that common nationality might result in national judges favoring their compatriots. For this and other reasons, some parties prefer arbitration as the method of ...