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Articles 1 - 30 of 171
Full-Text Articles in Entire DC Network
Arbitration And Antitrust: Navigating The Contours Of Mandatory Law, Charles H. Brower Ii
Arbitration And Antitrust: Navigating The Contours Of Mandatory Law, Charles H. Brower Ii
Law Faculty Research Publications
No abstract provided.
The Impact Of Alternative Dispute Resolution (Adr) In Employment Law, Douglas Ashman
The Impact Of Alternative Dispute Resolution (Adr) In Employment Law, Douglas Ashman
Purdue Polytechnic Masters Theses
abstract
Ashman, Douglas E. Masters, Degree. Purdue University. The Impact of Alternative Dispute Resolution (ADR) in Employment Law
Major Professor: Linda Naimi
A growing group of distinguished legal observers see cause for concern as ADR methods become more institutionalized and the basic theories and practices of Civil procedure are mediated and justice becomes an exercise in compromise. It is perceived by some observers that the justice system is becoming privatized and ADR is undermining the basic tenants of the American justice system and is a growing replacement for the checks and balances of a once enviable and unique civil justice …
Through The Looking Glass: Understanding Social Science Norms For Analyzing International Investment Law, Susan Franck, Calvin Garbin, Jenna Perkins
Through The Looking Glass: Understanding Social Science Norms For Analyzing International Investment Law, Susan Franck, Calvin Garbin, Jenna Perkins
Articles in Law Reviews & Other Academic Journals
When social science methods are being employed in a new context — such as the assessment of international investment law — there is value in exploring the underlying assumptions and normative baselines of the enterprise. This article and response address critiques about the methodology of an article in the Harvard International Law Journal by: (1) describing the value of social science in international investment law; (2) replicating the research using new methodologies to conduct more than 20 new tests that were still unable to ascertain the existence of a reliable relationship between development status and outcomes on the basis of …
Arbitration Ambush In A Policy Polemic, Amy J. Schmitz
Arbitration Ambush In A Policy Polemic, Amy J. Schmitz
Faculty Publications
Arbitration has been demonized in the media and consumer protection debates, often without empirical support or consideration of its attributes. This has led to renewed efforts to pass the Arbitration Fairness Action, which would bar enforcement of pre-dispute arbitration clauses in consumer, employment, and civil rights contexts. It also inspired Dodd-Frank’s preclusion of arbitration clauses in mortgage contracts, along with the Consumer Financial Protection Bureau’s charge to prohibit or limit enforcement of pre-dispute arbitration agreements in consumer financial products and services contracts. Some of this negativity toward arbitration is warranted, especially in the wake of the United Supreme Court’s recent …
A Critical Perspective On The Interplay Between Our Federal Labor And Arbitration Laws, Kenneth T. Lopatka
A Critical Perspective On The Interplay Between Our Federal Labor And Arbitration Laws, Kenneth T. Lopatka
South Carolina Law Review
No abstract provided.
Opening The Mediation Window In The Arbitration House, Nadja Alexander
Opening The Mediation Window In The Arbitration House, Nadja Alexander
Research Collection Yong Pung How School Of Law
Throughout the 20th century the arbitration house has dominated the landscape of international commercial dispute resolution withthe court house providing another part of the structural landscape. In the 21st century foundations are being laid for construction of a free-standing mediation house in international dispute resolution practice. Meanwhile a closer inspection of arbitration house reveals the ongoing construction of mediation and other ADR windows in its design. In this paper I explore how and why mediation windows are being built, their structural and functional soundness and the extent to which they may open up and transform arbitration.
International Arbitration And The Republic Of Colombia: Commercial, Comparative And Constitutional Concerns From A U.S. Perspective, S. I. Strong
Faculty Publications
This article undertakes the first comparative analysis of Colombian arbitration law in English, setting Colombian statutory and case law side by side with international and U.S. law to provide U.S. parties with the information they need to (1) evaluate the risks and benefits associated with entering into an arbitration agreement with a Colombian party and (2) establish the kinds of procedures needed to provide optimal protection of the arbitral process and any resulting award. Not only does this research discuss important comparative and commercial matters, it also considers how a unique type of constitutional challenge - the acción de tutela …
Rectitude In International Arbitration, William W. Park
Rectitude In International Arbitration, William W. Park
Faculty Scholarship
Few criteria for evaluating arbitrator independence and impartiality will stay foolproof for long, given how ingenious fools often prove themselves to be. No less than in other areas of the law, elaboration of ethical standards for arbitrators implicates a tension between the transient and the permanent. Conflict-of-interest principles remain most useful if implemented with sensitivity to new trouble spots. Traditional ethical models serve as starting points for evaluating the fitness of those to whom business managers and nations entrust their treasure and their welfare. The constant evolution in expectations by users of the arbitral system call for regular adjustment in …
Factors To Consider Before Arbitrating In The Arab Middle East:, Radwa S. Elsaman Ms.
Factors To Consider Before Arbitrating In The Arab Middle East:, Radwa S. Elsaman Ms.
Radwa S Elsaman
This article discusses two significant factors affecting arbitration in the Arab Middle East: the effect of religion on arbitration and the effect of legislative constraints on arbitration. By presenting foreign investors and practitioners with an overview of some of the unique social, legal and religious issues distinctive to arbitration in the Arab Middle East, this article will provide foreign investors and practitioners with examples of factors to consider that can affect arbitration decisions in the Middle East.
Arbitration: Handling Finra's New Discovery Guide, Barry R. Temkin, Kate Digeronimo
Arbitration: Handling Finra's New Discovery Guide, Barry R. Temkin, Kate Digeronimo
Barry R. Temkin
On May 16, 2011, the Financial Industry Regulatory Authority (FINRA) implemented its revised Discovery Guide and document production lists to supplement its Code of Arbitration Procedure for Customer Disputes. The new Discovery Guide provides lists of documents that parties and arbitrators are directed to consider presumptively discoverable in disputes between investors and FINRA member firms and their associated persons. The new discovery guide provides two simplified lists of documents, in an effort to streamline the prior discovery guide, which had multiple fragmentary lists depending on the theories alleged in the statement of claim.
Experimenting With Alternative Dispute Resolution As A Means For Peaceful Resolution Of Interest Labor Disputes In Public Healthcare—A Case Study , Mordehai (Moti) Mironi
Experimenting With Alternative Dispute Resolution As A Means For Peaceful Resolution Of Interest Labor Disputes In Public Healthcare—A Case Study , Mordehai (Moti) Mironi
Law and Contemporary Problems
Mironi examines the dispute between the Israel Medical Association and the Israeli government. Drawing upon in-depth interviews with the arbitrators and the parties' representatives and counsels, as well as upon the extensive litigation and transcripts of the arbitration proceedings and award, the process-oriented aspects of the arbitration are emphasized. The disputes between the IMA and the government have never been only about money, but also have been about voice, the future status of public healthcare, and the doctors' professional quality of life.
The Icsid Effect? Considering Potential Variations In Arbitration Awards, Susan D. Franck
The Icsid Effect? Considering Potential Variations In Arbitration Awards, Susan D. Franck
Scholarly Articles
The legitimacy of the World Bank's dispute resolution body - The International Centre for the Settlement of Investment Disputes (ICSID) - is a matter of heated debate. Some states have alleged that ICSID is biased, withdrawn from the ICSID Convention, and advocated creating alternative arbitration systems. Using pre-2007 archival data of the population of then- known arbitration awards, this Article quantitatively assesses whether ICSID arbitration awards were substantially different from arbitration awards rendered in other forums. The Article examines variation in the amounts claimed and outcomes reached to evaluate indicators of bias. The results indicated that there was no reliable …
Are We Paper Tigers - The Limited Procedural Power Of Arbitrators Under Chinese Law, Chi Manjiao
Are We Paper Tigers - The Limited Procedural Power Of Arbitrators Under Chinese Law, Chi Manjiao
Journal of Dispute Resolution
This article explores the extent arbitrators exercise procedural power under Chinese law in six parts. Part II briefly provides background information for the legal framework of Chinese arbitration law and the "dual-track system" in the Chinese arbitration regime. The ensuing parts deal with the three major aspects of arbitrators' procedural power respectively: Part III discusses the power of making jurisdictional decisions, Part IV analyzes the power of making applicable law decisions, and Part V explores the power of issuing interim measures. Part VI concludes that in all three aspects, the procedural power of arbitrators under Chinese law is heavily restricted …
Ethical Problems In Class Arbitration, Andrew Powell, Richard A. Bales
Ethical Problems In Class Arbitration, Andrew Powell, Richard A. Bales
Journal of Dispute Resolution
This article examines two significant conflicts of interest that arise in class arbitration in six parts. Part II provides background on the recent evolution of class arbitration, explaining how the Supreme Court had decided several cases involving class arbitration but has not explicitly ruled that class actions are either permitted or forbidden. Part III discusses the conflicts of interest that could arise at the beginning of class arbitration. Part IV discusses conflicts of interest that arise at the end of class arbitration. Part V of this article argues that if and when Congress amends the Federal Arbitration Act to statutorily …
State Legislative Update , Benjamin Angulo, Daniel J. Romine, Matthew Schacht
State Legislative Update , Benjamin Angulo, Daniel J. Romine, Matthew Schacht
Journal of Dispute Resolution
This analysis will examine the sample of bills in four parts. Because some of the proposed state bills are silent on whether their respective bills are reserved for non-commercial matters, Part II examines whether the bills apply to businesses that are parties to business-to-business international commercial contracts. Part III assesses the bills' definition of foreign law to better understand the scope of the anti-foreign law bans. Because each anti-foreign law bill initially defines foreign law as one that is created outside the U.S., Part III analyzes whether the bills' foreign law definitions include international organizations and tribunals. It is important …
Contract And Procedure, Peter B. Rutledge, Christopher R, Drahozal
Contract And Procedure, Peter B. Rutledge, Christopher R, Drahozal
Scholarly Works
This paper examines both the theoretical underpinnings and empirical picture of procedural contracts. Procedural contracts may be understood as contracts in which parties regulate not merely their commercial relations but also the procedures by which disputes over those relations will be resolved. Those procedural contracts regulate not simply the forum in which disputes will be resolved (arbitration vs litigation) but also the applicable procedural framework (discovery, class action waivers, remedies limitations, etc.). At a theoretical level, this paper explores both the limits on parties' ability to regulate procedure by contract (at issue in the Supreme Court's recent Rent-A-Center decision) and …
1991 Arbitration Hearings Chart, Edmund P. Edmonds
1991 Arbitration Hearings Chart, Edmund P. Edmonds
Annual Hearings Charts
No abstract provided.
Valtin, Rolf Arbitration Chart, Edmund P. Edmonds
Valtin, Rolf Arbitration Chart, Edmund P. Edmonds
Arbitrator Charts
No abstract provided.
1992 Arbitration Hearings Chart, Edmund P. Edmonds
1992 Arbitration Hearings Chart, Edmund P. Edmonds
Annual Hearings Charts
No abstract provided.
1993 Arbitration Hearings Chart, Edmund P. Edmonds
1993 Arbitration Hearings Chart, Edmund P. Edmonds
Annual Hearings Charts
No abstract provided.
1994 Arbitration Hearings Chart, Edmund P. Edmonds
1994 Arbitration Hearings Chart, Edmund P. Edmonds
Annual Hearings Charts
No abstract provided.
1995 Arbitration Hearings Chart, Edmund P. Edmonds
1995 Arbitration Hearings Chart, Edmund P. Edmonds
Annual Hearings Charts
No abstract provided.
1996 Arbitration Hearings Chart, Edmund P. Edmonds
1996 Arbitration Hearings Chart, Edmund P. Edmonds
Annual Hearings Charts
No abstract provided.
1999 Arbitration Hearings Chart, Edmund P. Edmonds
1999 Arbitration Hearings Chart, Edmund P. Edmonds
Annual Hearings Charts
No abstract provided.
1997 Arbitration Hearings Chart, Edmund P. Edmonds
1997 Arbitration Hearings Chart, Edmund P. Edmonds
Annual Hearings Charts
No abstract provided.
Block, Howard Arbitration Chart, Edmund P. Edmonds
Block, Howard Arbitration Chart, Edmund P. Edmonds
Arbitrator Charts
No abstract provided.
Goldberg, Stephen Arbitration Chart, Edmund P. Edmonds
Goldberg, Stephen Arbitration Chart, Edmund P. Edmonds
Arbitrator Charts
No abstract provided.
High, Theodore Arbitration Chart, Edmund P. Edmonds
High, Theodore Arbitration Chart, Edmund P. Edmonds
Arbitrator Charts
No abstract provided.
Symonette, Alan Arbitration Chart, Edmund P. Edmonds
Symonette, Alan Arbitration Chart, Edmund P. Edmonds
Arbitrator Charts
No abstract provided.
1998 Arbitration Hearings Chart, Edmund P. Edmonds
1998 Arbitration Hearings Chart, Edmund P. Edmonds
Annual Hearings Charts
No abstract provided.