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PROF.  CRAIG CHARLES BELES
Seattle, Washington, USA

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TERM
LOCATION
APPLICABLE LAW
“VACATUR”
IN ARBITRAL FORUM
LAW OF ARBITRAL FORUM       FAA § 10 and STATE LAW
“CONFIRMATION”
IN ARBITRAL FORUM
LAW OF ARBITRAL FORUM FAA § 9 and STATE LAW
“RECOGNITION”
PARALLEL LITIGATION IN FOREIGN STATE
TREATY and LOCAL LAW
“ENFORCEMENT”
LITIGATION IN FOREIGN STATE WHERE LOSER HAS ASSETS
TREATY and LOCAL LAW

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•   PRESUMPTION OF VALIDITY OF AWARD
•
•   AWARD NEED NOT BE CONFIRMED IN FORUM STATE
•
•   AWARD MUST BE TREATED NO WORSE THAN DOMESTIC
•
•   EXHAUSTIVE & LIMITED GROUNDS FOR NON-RECOGNITION

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1.INVALID ARB AGREEMENT: Art V (1)(a)
2.PARTY UNABLE TO PRESENT THEIR CASE: Art V (1)(b)
3.AWARD OUTSIDE SCOPE OF ARB AGREEMENT: Art V (1)(c)
4.IMPROPER PANEL OR PROCEDURES: Art V (1)(d)
5.AWARD IS NOT BINDING: Art V (1)(e)
6.NON-ARBITRABLE SUBJECT MATTER: Art V (2)(a)
7.CONTRARY TO PUBLIC POLICY/ORDER: Art V (2)(b)
8.ENFORC/CONFIRM MAY BE DELAYED: Art VI

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EX  AEQUO  ET  BONO – CASE IS TO BE DECIDED ON BASIS OF WHAT IS “JUST & FAIR” RATHER THAN MANDATORY
RULES OF LAW
LEX  MERCATORIA (LAW MERCHANT) – INDEPENDENT BODY OF CUSTOMARY TRADE LAW UNIQUE TO PARTICULAR
INDUSTRIES

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1. UNAUTHORIZED PRACTICE OF LAW
2. ATTORNEY FEES & FEE ARRANGEMENTS
3. DEFINITION OF MALPRACTICE
4. CLIENT CONFIDENTIALITY
5. ADVERTISING
6. ZEALOUS REPRESENTATION
7. CONFLICTS OF INTEREST

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A lawyer shall not practice law in a jurisdiction in violation of the regulation of the legal
profession in that jurisdiction, or assist another in doing so.
(c) A lawyer admitted in another United States jurisdiction . . . may provide legal services on a
temporary basis in this jurisdiction that:     (1) are undertaken in association with a lawyer who
is admitted to practice in this jurisdiction and who actively participates in the matter;     (2)
are in or reasonable related to a pending or potential proceeding before a tribunal in this or
another jurisdiction, if the lawyer, or a person the lawyer is assisting, is authorized by law or
order to appear in such proceeding . . . (3) are in or reasonably related to a pending or potential
arbitration, mediation, or other alternative dispute resolution . . .  if the services arise out of
or are reasonably related to the lawyer's practice in a jurisdiction in which the lawyer is
admitted to practice . . . .
(a)

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•  Admitted and In Good Standing in a Foreign Jurisdiction
•  5 of Last 7 Years “Active Legal Experience” in a Foreign Jurisdiction
•  No “Residency” Requirement
•  May ID Self as “Foreign Law Consultant” + Home Title, Firm & Country
•  No Requirement of Association with Local Lawyers
•  FLC Status May be Revoked by Supreme Ct With/Without Cause
•  No Court Appearances, Pleading Prep or Subpoena Issuance
•  No Real Estate Practice, Estate, Trust or Family Law
•  No Advice on Local Law
•  May Advice on Any Familiar International or Foreign Law
•  No Requirement of Malpractice Insurance
•  Subject to State Rules of Professional Conduct

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Rule 8(f) of the Admission to Practice Rules (APR) allows a lawyer admitted to the practice of law
in a jurisdiction other than a United States jurisdiction to receive a limited license to practice
law in Washington as in-house counsel.  A lawyer admitted under this rule shall be limited to
practice exclusively for the employer, including its subsidiaries and affiliates, and shall not
include:
- appearing before a court or tribunal as a person admitted to practice law in this
state;
- offering legal services or advice to the public; or
- holding oneself out to be so engaged
or authorized.