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Dispute Resolution and Arbitration

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Arbitration Law Review

2014

Articles 1 - 25 of 25

Full-Text Articles in Law

Mediator Ethical Breaches: Implications For Public Policy, Sharon Press Jan 2014

Mediator Ethical Breaches: Implications For Public Policy, Sharon Press

Arbitration Law Review

No abstract provided.


International Commercial Arbitration In Central Asia, W. E. Butler Jan 2014

International Commercial Arbitration In Central Asia, W. E. Butler

Arbitration Law Review

No abstract provided.


When Sovereign Nations Are Forced To Arbitrate: Spain And France And The Prestige Oil Spill, Erika Dixon Jan 2014

When Sovereign Nations Are Forced To Arbitrate: Spain And France And The Prestige Oil Spill, Erika Dixon

Arbitration Law Review

No abstract provided.


Indian Court Expands Its Jurisdiction Over Foreign Arbitral Panels, Dru Miller Jan 2014

Indian Court Expands Its Jurisdiction Over Foreign Arbitral Panels, Dru Miller

Arbitration Law Review

No abstract provided.


Adr And The Extraction Of Coal Bed Methane From Split-Ownership Estates, Alyssa Looney Jan 2014

Adr And The Extraction Of Coal Bed Methane From Split-Ownership Estates, Alyssa Looney

Arbitration Law Review

No abstract provided.


Skills And Values: Alternative Dispute Resolution: Negotiation, Mediation, Collaborative Law, And Arbitration, Guy Bowe Jan 2014

Skills And Values: Alternative Dispute Resolution: Negotiation, Mediation, Collaborative Law, And Arbitration, Guy Bowe

Arbitration Law Review

No abstract provided.


The Concerted Protected Activity Loophole: How The Nlrb Is Undermining The Federal Policy Favoring Arbitration By Invalidating Class Action Waivers, Thomas E. Robins Jan 2014

The Concerted Protected Activity Loophole: How The Nlrb Is Undermining The Federal Policy Favoring Arbitration By Invalidating Class Action Waivers, Thomas E. Robins

Arbitration Law Review

No abstract provided.


Combating Structural Bias In Dispute System Designs That Use Arbitration: Transparency, The Universal Sanitizer, Lisa Blomgren Amsler Jan 2014

Combating Structural Bias In Dispute System Designs That Use Arbitration: Transparency, The Universal Sanitizer, Lisa Blomgren Amsler

Arbitration Law Review

No abstract provided.


Ebay's De Facto Low Value High Volume Resolution Process: Lessons And Best Practices For Odr Systems Designers, Louis F. Del Duca, Colin Rule, Kathryn Rimpfel Jan 2014

Ebay's De Facto Low Value High Volume Resolution Process: Lessons And Best Practices For Odr Systems Designers, Louis F. Del Duca, Colin Rule, Kathryn Rimpfel

Arbitration Law Review

No abstract provided.


An Alternative Approach To Justice: The Past, Present, And Future Of The Mediation Program At The U.S. District Court For The Southern District Of New York, Rebecca Price Jan 2014

An Alternative Approach To Justice: The Past, Present, And Future Of The Mediation Program At The U.S. District Court For The Southern District Of New York, Rebecca Price

Arbitration Law Review

The practice of mediation has gone through enormous change in the last twenty-five years. No longer simply an "alternative," mediation has in some settings become commonplace. At the same time, many courts across the country struggle to maintain staffing and support for programs that offer alternatives for dispute resolution. While private mediation firms have seen an increase in cases, some academics and practitioners question whether mediation has been co-opted by a litigation model such that it no longer serves as a meaningful alternative.

The Mediation Program at the U.S. District Court for the Southern District of New York, which has …


Third-Party Mediation Of Interstate Conflicts: Actors, Strategies, Selection, And Bias, Scott Sigmund Gartner Jan 2014

Third-Party Mediation Of Interstate Conflicts: Actors, Strategies, Selection, And Bias, Scott Sigmund Gartner

Arbitration Law Review

While arbitration remains more common than mediation as an alternative to litigation in domestic legal disputes, the opposite occurs in resolving violent interstate conflicts, where third-party mediation represents the most frequently employed method of conflict resolution. In order to understand the similarities and differences between international and domestic mediation, this article identifies key attributes of international conflict management generally and third-party mediation of violent disputes specifically, and four critical patterns commonly found in third-party mediation of international conflicts. These patterns, each of which is illustrated with a vignette involving US foreign policy, include: 1) the complex role of mediator bias …


South African Revolutionizing Foreign Investment Protection System, Jennifer Reed Jan 2014

South African Revolutionizing Foreign Investment Protection System, Jennifer Reed

Arbitration Law Review

No abstract provided.


"Prepare For Trouble, And Make It Double": The Fourth Circuit Continues Downward Iteration Of Duplicitous Test For Manifest Disregard, Garrett Lent Jan 2014

"Prepare For Trouble, And Make It Double": The Fourth Circuit Continues Downward Iteration Of Duplicitous Test For Manifest Disregard, Garrett Lent

Arbitration Law Review

No abstract provided.


Arbitration Agreements: The Perfect Defense For Law School Deceit, Jeremy Alm Jan 2014

Arbitration Agreements: The Perfect Defense For Law School Deceit, Jeremy Alm

Arbitration Law Review

No abstract provided.


Bezio V. Draeger: A Missed Opportunity For A Doctrinal Solution To The Jurisdictional Split As To The Arbitrability Of Legal Malpractice Claims, Brian Cressman Jan 2014

Bezio V. Draeger: A Missed Opportunity For A Doctrinal Solution To The Jurisdictional Split As To The Arbitrability Of Legal Malpractice Claims, Brian Cressman

Arbitration Law Review

No abstract provided.


If There's A Will, There's A Way: The California Supreme Court's Sidestep Of The U.S. Supreme Court, Ryan Cummins Jan 2014

If There's A Will, There's A Way: The California Supreme Court's Sidestep Of The U.S. Supreme Court, Ryan Cummins

Arbitration Law Review

No abstract provided.


The Implications Of Recent Icsid Arbitrator Disqualifications For Latin America, Nora Ciancio Jan 2014

The Implications Of Recent Icsid Arbitrator Disqualifications For Latin America, Nora Ciancio

Arbitration Law Review

No abstract provided.


Vacating Legally-Erroneous Arbitration Awards, Stephen J. Ware Jan 2014

Vacating Legally-Erroneous Arbitration Awards, Stephen J. Ware

Arbitration Law Review

In the United States, arbitrators’ decisions are legally binding. Courts generally confirm and enforce, rather than vacate, arbitration awards. Suppose, however, that the arbitration award is very different from the judgment a court would have rendered had the dispute been litigated, rather than arbitrated. And suppose this is because the arbitrator did not correctly apply the law. If the party that lost in arbitration (the party that would have done better with a correct application of law) asks a court to vacate the award because it is legally erroneous, will the court vacate or confirm the award? And does the …


The Italian Way Of Mediation, Giuseppe Conte Jan 2014

The Italian Way Of Mediation, Giuseppe Conte

Arbitration Law Review

No abstract provided.


Too Darn Bad: How The Supreme Court's Class Arbitration Jurisprudence Has Undermined Arbitration, Adam Raviv Jan 2014

Too Darn Bad: How The Supreme Court's Class Arbitration Jurisprudence Has Undermined Arbitration, Adam Raviv

Arbitration Law Review

No abstract provided.


Adhesive Arbitration: The Sustainable Grace For The Future Of The World's Most Profitable Sports Leagues, Evan Goldsmith Jan 2014

Adhesive Arbitration: The Sustainable Grace For The Future Of The World's Most Profitable Sports Leagues, Evan Goldsmith

Arbitration Law Review

No abstract provided.


Timor-Leste V. Australia: "Guerrilla Tactics" And Schoolyard Bullies In State Arbitration, Sarah Whittington Jan 2014

Timor-Leste V. Australia: "Guerrilla Tactics" And Schoolyard Bullies In State Arbitration, Sarah Whittington

Arbitration Law Review

No abstract provided.


Arbitration And The Constitution, Gabrielle Gilbeau Jan 2014

Arbitration And The Constitution, Gabrielle Gilbeau

Arbitration Law Review

No abstract provided.


Copper, Gold, Corruption, And No Arbitral Relief: A Recent Pakistan Supreme Court Calls Into Question The Doctrine Of Separability, Sara E. Myirski Jan 2014

Copper, Gold, Corruption, And No Arbitral Relief: A Recent Pakistan Supreme Court Calls Into Question The Doctrine Of Separability, Sara E. Myirski

Arbitration Law Review

No abstract provided.


Could Commercial Arbitration Help Settle A Historic Conflict Between The Israelites And Palestinians?, Evan Goldsmith Jan 2014

Could Commercial Arbitration Help Settle A Historic Conflict Between The Israelites And Palestinians?, Evan Goldsmith

Arbitration Law Review

No abstract provided.