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Articles 31 - 60 of 329
Full-Text Articles in Law
Dean's Welcome, Phillip J. Mcconnaughay
Trendsetters: Asia-Pacific Jurisdictions Lead The Way In Dispute Resolution, Donald P. Arnavas, Dr. Robert Gaitskell Q.C.
Trendsetters: Asia-Pacific Jurisdictions Lead The Way In Dispute Resolution, Donald P. Arnavas, Dr. Robert Gaitskell Q.C.
Arbitration Law Review
No abstract provided.
The Uniform Collaborative Law Act: Statutory Framework And The Struggle For Approval By The American Bar Association, Andrew J. Meyer
The Uniform Collaborative Law Act: Statutory Framework And The Struggle For Approval By The American Bar Association, Andrew J. Meyer
Arbitration Law Review
No abstract provided.
The Commercial Arbitration Act Of 2011: Australia's Attempt At Arbitration Eminence, Laura Mangotta
The Commercial Arbitration Act Of 2011: Australia's Attempt At Arbitration Eminence, Laura Mangotta
Arbitration Law Review
No abstract provided.
For Better Or Worse: Surviving Divorce Through Alternative Dispute Resolution, Teleicia J. Rose
For Better Or Worse: Surviving Divorce Through Alternative Dispute Resolution, Teleicia J. Rose
Arbitration Law Review
No abstract provided.
Just A Matter Of Time: The Second Circuit Renders Ancillary State Laws Inapplicable By Authorizing Arbitrators To Decide Whether A Statute Of Limitations Caqn Bar Arbitration, Daivy P.E. Dambreville
Just A Matter Of Time: The Second Circuit Renders Ancillary State Laws Inapplicable By Authorizing Arbitrators To Decide Whether A Statute Of Limitations Caqn Bar Arbitration, Daivy P.E. Dambreville
Arbitration Law Review
No abstract provided.
Mediation In Political Conflicts: Soft Power Or Counter Culture, Michelle Polato
Mediation In Political Conflicts: Soft Power Or Counter Culture, Michelle Polato
Arbitration Law Review
No abstract provided.
A Defense Of Dissents In Investment Arbitration, Pedro J. Martinez-Fraga, Harout Jack Samra
A Defense Of Dissents In Investment Arbitration, Pedro J. Martinez-Fraga, Harout Jack Samra
University of Miami Inter-American Law Review
No abstract provided.
The Applicability Of Arbitration In The Americas: An Avant-Garde Approach To The Panama Convention, Elizabeth A. Briggs
The Applicability Of Arbitration In The Americas: An Avant-Garde Approach To The Panama Convention, Elizabeth A. Briggs
University of Miami Inter-American Law Review
No abstract provided.
Interim Measures , Marianne Roth
Interim Measures , Marianne Roth
Journal of Dispute Resolution
Traditionally, requests for interim relief have been a construct of courts. However, arbitrators are increasingly being asked to make such rulings themselves. Requesting interim relief from an arbitrator, as opposed to the court, is particularly appealing in international arbitration, where parties often engage in arbitration as a way of avoiding local courts and any home court advantage that may be associated with them. Sometimes, though, interim relief may be unavailable from the arbitral tribunal; for example, when coercion is associated with the requested measure. In such situations, the powers to grant interim measures are shared between arbitral tribunals and courts. …
Bit Unfair: An Illustration Of The Backlash Against International Arbitration In Latin America, A, David Ma
Bit Unfair: An Illustration Of The Backlash Against International Arbitration In Latin America, A, David Ma
Journal of Dispute Resolution
With the survival of BITs at fulcrum, the Second Circuit recently decided a highly publicized and notorious case applying international arbitration in Chevron Corp. v. Republic of Ecuador. This comment will discuss Chevron and its effects within the wider corpus of BIT international arbitration to provide an illustration of the current debate and status of the BIT framework. The purported benefits BITs provide to signatory countries exist theoretically, and to test these theoretical underpinnings, this comment will discuss Chevron for the purpose of providing real context to a predominately academic debate. Chevron shall demonstrate that theoretical effects and practical effects …
Property Insurance Appraisal: Is Determining Causation Essential To Evaluating The Amount Of Loss , Ashley Smith
Property Insurance Appraisal: Is Determining Causation Essential To Evaluating The Amount Of Loss , Ashley Smith
Journal of Dispute Resolution
While the appraisal procedure is commonly used in property insurance claims, the scope of an appraisal is contested. Courts are divided on whether to allow the determination of causation within an appraisal process. Whether or not to allow the determination of causation in appraisal and the reasoning behind each position can be influential for the majority of state and federal courts who have yet to confront this issue. Outlined below is an overview of the appraisal process within the property insurance context, a distinction of causation from coverage, and courts’ reasoning for allowing or forbidding the determination of causation in …
From Noise To Music: The Potential Of The Multi-Door Courthouse (Casas De Justicia) Model To Advance Systemic Inclusion And Participation As A Foundation For Sustainable Rule Of Law In Latin America , Mariana Hernandez-Crespo
From Noise To Music: The Potential Of The Multi-Door Courthouse (Casas De Justicia) Model To Advance Systemic Inclusion And Participation As A Foundation For Sustainable Rule Of Law In Latin America , Mariana Hernandez-Crespo
Journal of Dispute Resolution
International bodies have attempted to provide a more sustainable response to instability through legal reform with an emphasis on rule of law, access to justice, and the use of alternative or appropriate dispute resolution. Yet, in Latin America of yesterday and today, there is a marked gap between law on the books and law in action, due in part to lack of citizen engagement.
Evaluating Public Access Ombuds Programs: An Analysis Of The Experiences Of Virginia, Iowa And Arizona In Creating And Implementing Ombuds Offices To Handle Disputes Arising Under Open Government Laws , Daxton R. Stewart
Journal of Dispute Resolution
The article begins with a review of literature regarding ombuds, public access laws, and dispute systems design. It follows with case studies of the development of public access ombuds offices in Virginia, Iowa, and Arizona. Finally, this article draws conclusions from those experiences, offering guidance to aid other jurisdictions in designing their own ombuds programs.
State Legislative Update , Lacy Cansler, Daniel Levy, Kelisen Molloy, Henry Tanner
State Legislative Update , Lacy Cansler, Daniel Levy, Kelisen Molloy, Henry Tanner
Journal of Dispute Resolution
While on the surface it seems like any legislation helping Americans keep their homes is a good idea, some critics question the effectiveness of these laws. They cite evidence (to be discussed below) showing foreclosure rates do not improve in states with foreclosure mediation laws. Others argue that while it may only be a short-term fix towards the larger problems that ail our economy, foreclosure mediation has shown to be a positive measure that helps many Americans, especially when the law is properly written. This paper will analyze the recent foreclosure mediation laws, and will explore the effectiveness of this …
Supreme Court Issues Notice To Courts: Bifurcated Proceedings Still Required, Valerie Dixon
Supreme Court Issues Notice To Courts: Bifurcated Proceedings Still Required, Valerie Dixon
Journal of Dispute Resolution
The United States Supreme Court has made its preference for arbitration widely known through continued declarations of its policy to that effect. In KPMG v. Cocchi, the Supreme Court reaffirmed that preference once again. In that case, however, the Court also found a need to issue a reminder to lower courts that its decision in Dean Witter v. Byrd was still the law of the land. One of the most interesting questions arising from this clear reminder to adhere to precedent is why the Supreme Court felt the need to articulate it at all.
If It Only Had A Heart: Supreme Court Eschews Compassion For Cash-Strapped Consumers In Upholding The Validity Of Arbitration Clauses In Credit Repair Contracts, Collin Koenig
Journal of Dispute Resolution
in CompuCredit Corp. v. Greenwood, the Supreme Court was faced with the issue of whether consumers' claims under the CROA can be resolved through contractually required arbitration, or whether the language of the statute requires resolution between credit repair organizations and consumers may include enforceable arbitration agreements. This note criticizes the Supreme Court's reasoning, partly inspired by Justice Ginsburg's dissent. In enforcing arbitrability of CROA disputes, the Court has acted contrary to Congress' purposes of the Act: to ensure that consumers are making an "informed decision" when dealing with CROs and to protect consumers from deceptive credit repair services. In …
Faa Versus The Magnuson - Moss Warranty Act: Which Warrants Precedence, The, Tyler Beckerle
Faa Versus The Magnuson - Moss Warranty Act: Which Warrants Precedence, The, Tyler Beckerle
Journal of Dispute Resolution
These questions have proven to be a formidable foe for the judiciary. Moreover, courts and commentators have been divided as to what answer will produce the best policy. In 2002, the discussion seemed to be headed toward conclusion after the Fifth and Eleventh Circuits found that the FAA should trump the MMWA in the event of statutory conflict. However, with the Ninth Circuit’s decision in Kolev v. Euromotors West/The Auto Gallery, this polarizing issue has once again become a focus in American jurisprudence. While the Ninth Circuit has recently withdrawn Kolev sua sponte, it is doubtful that the Ninth Circuit …
Leveling Up To Immersive Dispute Resolution (Idr) In 3-D Virtual Worlds: Learning And Employing Key Idr Skills To Resolve In-World Developer-Participant Conflicts, Lucille M. Ponte
Leveling Up To Immersive Dispute Resolution (Idr) In 3-D Virtual Worlds: Learning And Employing Key Idr Skills To Resolve In-World Developer-Participant Conflicts, Lucille M. Ponte
University of Arkansas at Little Rock Law Review
This article proposes a new conflict resolution approach called "immersive dispute resolution" (IDR) through the use of existing communication and graphical technology in 3-D virtual worlds as well as the collaborative and strategic thinking skills virtual world participants acquire in digital experiences. Specifically, this article begins by discussing research on learning in virtual worlds, with an emphasis on key collaborative conflict resolution skills accumulated through play in virtual environments. Next, this article discusses current dispute resolution processes available in certain 3-D worlds which fail to leverage the technology or collaborative skills available in these environments, and finishes with a call …
Arbitrator Behaviour In Asymmetrical Adjudication: An Empirical Study Of Investment Treaty Arbitration, Gus Van Harten
Arbitrator Behaviour In Asymmetrical Adjudication: An Empirical Study Of Investment Treaty Arbitration, Gus Van Harten
Osgoode Hall Law Journal
The study examines arbitrator behaviour in the unique context of investment treaty arbitration. It employs the method of content analysis to test hypotheses of systemic bias in the resolution of jurisdictional issues in investment treaty law. Unlike earlier studies, the study examines trends in legal interpretation instead of case outcomes and finds statistically significant evidence that arbitrators favour: (1) the position of claimants over respondent states and (2) the position of claimants from major Western capital-exporting states over claimants from other states. There is a range of possible explanations for the results and further inferences are required to connect the …
At&T Mobility And Faa Over-Preemption, Jill Gross
At&T; Mobility And Faa Over-Preemption, Jill Gross
Arbitration Law Review
No abstract provided.
Arbitration Innumeracy, Christopher R. Drahozal
Arbitration Innumeracy, Christopher R. Drahozal
Arbitration Law Review
No abstract provided.
The Fallout From At&T Mobility V. Concepcion: Parameters Established By The Interpretation Of Lower Courts, Terry F. Moritz
The Fallout From At&T; Mobility V. Concepcion: Parameters Established By The Interpretation Of Lower Courts, Terry F. Moritz
Arbitration Law Review
No abstract provided.
An Arbitration Body For The International Seoul: Kcab's New Rules, Alexander Wiker
An Arbitration Body For The International Seoul: Kcab's New Rules, Alexander Wiker
Arbitration Law Review
No abstract provided.
The Battle Over Class Action: Second Circuit Holds That Class Action Waiver For Antitrust Actions Unenforceable Under The Federal Arbitration Act, Dustin Morgan
Arbitration Law Review
No abstract provided.
Are Arbitrators Right Even When They Are Wrong?: Second Circuit Upholds Arbitral Ruling Allowing Implicit Reference To Class Arbitration, Dustin Morgan
Arbitration Law Review
No abstract provided.
Seventh Circuit Comes To Arbitrator's Defense In Clarifying Narrow Scope Of Arbitrator 'Evident Partiality' Under Section 10 Of The Federal Arbitration Act, Mallary Willat
Arbitration Law Review
No abstract provided.
Secretaries Always Get A Bad Rep: Identifying The Controversy Surrounding Administrative Secretaries, Current Guidelines, And Recommendations, Courtney J. Restemayer
Secretaries Always Get A Bad Rep: Identifying The Controversy Surrounding Administrative Secretaries, Current Guidelines, And Recommendations, Courtney J. Restemayer
Arbitration Law Review
No abstract provided.