This paper argues that contrary to the prevailing judicial view, the intent of parties to waive their right to remove in cases subject to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards should be determined by applying ordinary principles of contract construction. The article supports this argument by asserting, among other issues, that analyzing such waivers under heightened scrutiny is inconsistent with Supreme Court principles established by the Supreme Court for construing arbitration provisions.
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