Bibliographic record
Abstract
Abstract The jurisprudence of the United States Supreme Court coupled with restrictive domestic arbitration legislation has created gaps in the enforcement of international arbitral subpoenas in the United States. These enforcement gaps restrict access to evidence by international arbitral tribunals seated in the United States and block such access entirely for foreign-seated international arbitral tribunals. These gaps also make the United States an outlier among other major international arbitration jurisdictions and conflicts with international arbitral practice. However, the recent decision of the United States Court of Appeals for the Ninth Circuit in Day v Orrick, Herrington & Sutcliffe is a first step toward filling these enforcement gaps. This article sets out the legislative framework governing the enforcement of international arbitral subpoenas in the United States, introduces the existing gaps in such enforcement, demonstrates how these gaps fly in the face of international arbitral practice and explains how the Ninth Circuit has now filled at least some of them. If followed by other federal courts, Day v Orrick may pave the way for the enforcement of subpoenas issued by international arbitral tribunals seated both within and outside the United States, and bring the United States back in line with international arbitral practice.
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How this classification was reachedexpand
Full frame distilled prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.
Codex and Gemma teacher scores by category
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.001 | 0.000 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.000 |
| Bibliometrics | 0.001 | 0.001 |
| Science and technology studies | 0.000 | 0.000 |
| Scholarly communication | 0.001 | 0.002 |
| Open science | 0.001 | 0.000 |
| Research integrity | 0.000 | 0.000 |
| Insufficient payload (model declined to judge) | 0.001 | 0.002 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; both teacher heads agree on what is shown here.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".