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Articles 1 - 9 of 9
Full-Text Articles in Law
Expanded Judicial Review Of Awards After Hall Street And In Comparative Perspective, John J. Barceló Iii
Expanded Judicial Review Of Awards After Hall Street And In Comparative Perspective, John J. Barceló Iii
John J. Barceló III
The essay addresses whether party preference for more intrusive court review of the facts and law of an aribitral award will (or should) be respected in national arbitration law. The recent U.S. Supreme Court decision in Hall Street rules that expanded review clauses are not enforceable under the Federal Arbitration Act. The essay argues, however, that expanded review of an international arbitral award should still be possible in the U.S. if the parties draft the arbitration clause carefully. For that purpose the parties should include an expanded review clause and should place the arbitral seat in a State that allows …
Arbitration's Discontents: Between The Pernicious And The Precarious, William W. Park
Arbitration's Discontents: Between The Pernicious And The Precarious, William W. Park
Faculty Scholarship
Arbitration has become a victim of its own success, as its wider use has triggered a flood of doubt, disapproval and denunciation. In consequence, higher visibility for arbitral proceedings and awards has led to increased criticism, both just and unjust, with respect to arbitrator independence and impartiality. A robust dispute resolution process requires balance between fairness and efficiency, keeping arbitrators free from taint while at the same time reducing the prospect of dilatory tactics aimed at sabotaging proceedings. If litigants hope to have their disputes resolved by intelligent and experienced individuals, criteria for arbitrator impartiality and independence will need to …
The Cohasset Marshlands Dispute: International Arbitration In Colonial New England, William W. Park
The Cohasset Marshlands Dispute: International Arbitration In Colonial New England, William W. Park
Faculty Scholarship
One of the earliest international arbitrations in the Americas arose from rival claims to hayfields contested between two groups of religious dissidents. The dispute resolution process which unfolded in 1640 between the Massachusetts and Plymouth colonies takes special significance as an epochal step toward the robust cross-border cooperation that ultimately united thirteen disparate colonies into a single nation.
Growing Pains And Coming-Of-Age: The State Of International Arbitration In India, Jory Canfield
Growing Pains And Coming-Of-Age: The State Of International Arbitration In India, Jory Canfield
Pepperdine Dispute Resolution Law Journal
The article offers information on the history, development and significance of international arbitration in India. It analyzes the decision of the Indian Supreme Court in the case of Bharat Aluminium Co. v. Kaiser Aluminium Technical Services Inc., which marks the era of major changes in Indian law regarding international arbitration. It mentions that development of Indian arbitration law enhances global standards and attitudes toward international dispute resolution in India.
Challenges To The Territorial Integrity Of Guyana: A Legal Analysis, Thomas W. Donovan
Challenges To The Territorial Integrity Of Guyana: A Legal Analysis, Thomas W. Donovan
Georgia Journal of International & Comparative Law
No abstract provided.
The Appeal Of Icsid Awards: How The Aminz Appellate Mechanism Can Guide Reform Of Icsid Procedure, Christopher Smith
The Appeal Of Icsid Awards: How The Aminz Appellate Mechanism Can Guide Reform Of Icsid Procedure, Christopher Smith
Georgia Journal of International & Comparative Law
No abstract provided.
Mediation Representation: Representing Clients Anywhere, Harold Abramson
Mediation Representation: Representing Clients Anywhere, Harold Abramson
Harold I. Abramson
No abstract provided.
Finding Order In The Morass: The Three Real Justifications For Piercing The Corporate Veil, Jonathan Macey, Joshua Mitts
Finding Order In The Morass: The Three Real Justifications For Piercing The Corporate Veil, Jonathan Macey, Joshua Mitts
Faculty Scholarship
Few doctrines are more shrouded in mystery or litigated more often than piercing the corporate veil. We develop a new theoretical framework that posits that veil piercing is done to achieve three discrete public policy goals, each of which is consistent with economic efficiency: (1) achieving the purpose of an existing statute or regulation; (2) preventing shareholders from obtaining credit by misrepresentation; and (3) promoting the bankruptcy values of achieving the orderly, efficient resolution of a bankrupt's estate. We analyze the facts of veil-piercing cases to show how the outcomes are explained by our taxonomy. We demonstrate that a supposed …
Soft Law In The Organization And General Conduct Of Commercial Arbitration Proceedings, Thomas Stipanowich
Soft Law In The Organization And General Conduct Of Commercial Arbitration Proceedings, Thomas Stipanowich
Thomas J. Stipanowich
This commentary examines the growing use of Soft Law - non-binding guidelines that currently play an important role in organizing and conducting commercial arbitration proceedings. Standards such as the UNCITRAL Notes on Organizing Arbitral Proceedings, the ICC Techniques for Controlling Time and Costs in Arbitration, and the Protocols for Expeditious, Cost-Effective Commercial Arbitration have evolved from professional discourse regarding process management and more particular concerns about cost, delay and inefficiency in arbitration. Collectively, these guidelines reflect a growing recognition that deliberate and proactive effort by business users, counsel, arbitrators and provider institutions is critical to making the most of arbitration …