Introduction

Parties from poor countries increasingly are turning to domestic courts to halt arbitration proceedings or thwart awards. Investors call it arbitral terrorism. Developing nations call it fair play. In December 2000 Jonathan Schiller of Boies, Schiller & Flexner won a high-stakes arbitration against an Indonesian company. Today his client still hasn't collected a cent from the opposing party and is fighting rearguard actions against a defiant Indonesian court. Such scenarios are on the rise as parties from poor nations increasingly obtain domestic court orders ...