Law Commons^™

Splitting Hairs: Resolving The Circuit Split On Aaa Incorporation In Class Arbitration Delegation, Jacob Petersen

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

Changing The Game: The Effects Of The 2012 Revision Of The Icc Arbitration Rules On The Icc Model Arbitration Clause For Trust Disputes, Colin Connor

Georgia Journal of International & Comparative Law

No abstract provided.

Reforming The Federal Arbitration Act To Equalize The Adjudication Rights Of Powerful And Weak Parties, Stephen A. Plass

Catholic University Law Review

Providing an extensive historical overview of federal arbitration jurisprudence and the Federal Arbitration Act (FAA), this article argues that the Supreme Court has misinterpreted FAA provisions and goals, thereby drastically changing the law of labor arbitration to the detriment of American workers and consumers. Namely, original congressional policy goals (providing speedy, fair and informal alternatives to court adjudication) have been countermanded by the Supreme Court’s interpretation of arbitration law over the last 50 years. As a result, modern arbitration law sets up an imbalance of power between employers/merchants and workers/consumers who are forced into lengthy and expensive procedures before they …

Empowering Settlors: How Proper Language Can Increase The Enforceability Of A Mandatory Arbitration Provision In A Trust, S. I. Strong

Faculty Publications

With hostile trust litigation reaching epidemic proportions, many people within the trust industry are interested in identifying new and less expensive ways to resolve trust-related disputes. Arbitration is often proposed as a possible alternative, although questions exist about whether and to what extent a mandatory arbitration provision found in a trust will be considered enforceable by a court. Up until now, most commentary in this area of law has focused on purely jurisprudential issues, with little attention being paid to the practical efforts that settlors can make to increase the enforceability of arbitration provisions found in trusts. This Article takes …

The Impact Of Case And Arbitrator Characteristics On Employment Arbitration Outcomes, Alexander Colvin, Kelly Pike

Alexander Colvin

[Excerpt] A major development in systems for the enforcement of individual employment rights is the use of alternative dispute resolution (ADR) procedures to resolve claims by employees. At their best, ADR procedures may hold the potential for greater accessibility by employees to enforcement of substantive employment rights, while avoiding burdens of excessive costs for the public and employers in processing claims. On the other hand, ADR procedures, particularly mandatory employment arbitration procedures, have also been criticized for producing the privatization of justice and denial of effective enforcement of employee rights. In this paper, we present the results of a new …

An Empirical Study Of Employment Arbitration: Case Outcomes And Processes, Alexander Colvin

Alexander Colvin

Using data from reports filed by the American Arbitration Association (AAA) pursuant to California Code requirements, this article examines outcomes of employment arbitration. The study analyzes 3,945 arbitration cases, of which 1,213 were decided by an award after a hearing, filed and reaching disposition between January 1, 2003 and December 31, 2007. This includes all the employment arbitration cases administered nationally by the AAA during this time period that derived from employer-promulgated arbitration procedures. Key findings include: (1) the employee win rate amongst the cases was 21.4%, which is lower than employee win rates reported in employment litigation trials; (2) …

Mandatory Arbitration Of Internal Trust Disputes: Improving Arbitrability And Enforceability Through Proper Procedural Choices, S. I. Strong

Faculty Publications

Trusts and their civil law equivalents, often known as foundations or associations, play a large and increasing role in the global economy, holding trillions of dollars worth of assets and generating billions of dollars worth of revenue and trustees’ fees annually. Once considered nothing more than “mere” estate planning devices, trusts are now more often seen in commercial rather than in private contexts, and often feature sophisticated financial institutions as professional trustees. With favorable tax laws in various off-shore jurisdictions making international trusts increasingly popular and hostile trust litigation reaching epidemic proportions, arbitration would seem to be many parties’ dispute …

Predisposed With Integrity: The Elusive Quest For Justice In Tripartite Arbitrations, Deseriee A. Kennedy

Deseriee A. Kennedy

No abstract provided.

An Empirical Study Of Aaa Consumer Arbitrations, Samantha Zyontz, Christopher R. Drahozal

Faculty Scholarship

This article extends our knowledge of consumer arbitration by presenting results from the first detailed empirical study of consumer arbitration as administered by the AAA. Primarily using a sample of 301 AAA consumer arbitrations that resulted in an award between April and December 2007, it considers such issues as the costs incurred by consumers in arbitration, the speed of the arbitral process, and the outcomes of the cases-the very topics of most interest in the policy debate.

Anatomy Of The First Public International Sports Arbitration And The Future Of Public Arbitration After Usada V. Floyd Landis, Maureen A. Weston Prof.

Maureen A Weston

Mere weeks after American professional cyclist Floyd Landis seemingly won the 2006 Tour de France, the United States Anti-Doping Association (USADA), under the authority granted to it by the U.S. Congress, and through its enforcement of the World Anti-Doping Code (WADC), accused him of having committed doping violations during the race. Landis vehemently denied these allegations, and accused the French laboratory that had performed the testing of his post-race samples, the Laboratoire National du Depistage du Dopage (LNDD), of bias and misconduct in his case.

Under USADA rules, an American athlete accused of doping may request an arbitration hearing before …

Simply A Dress Rehearsal? U.S. Olympic Sports Arbitration And De Novo Review At The Court Of Arbitration For Sport, Maureen A. Weston Prof.

Maureen A Weston

This article discusses issues that can arise when American atheletes attempt to deal with the web of national and international dispute resolution procedures and the emerging lex sportiva, which govern international sports. Specifically, it examines the reasons why the American court system cannot assist American athletes who submit to international sports dispute resolution procedures. Congress has designated the United States Olympic Committee (USOC) as the domestic organization that handles disputes involving Olympic-eligible American athletes. If the USOC declares an athlete ineligible or hands down some other sanction, the case can be submitted to the American Arbitration Association (AAA), the tribunal …

Toward Uniform Standards Of Conduct For Mediators Symposium: The Lawyer's Duties And Responsibilities In Dispute Resolution, John D. Feerick

Faculty Scholarship

It can no longer be doubted that alternative dispute resolution ("ADR") as a substitute for court-based litigation is growing in appeal. The high costs, adversarial nature, and time of traditional litigation have led to the development and popularity of other dispute resolution alternatives. ADR is making substantial inroads into the legal mainstream and is increasingly used in a wide variety of contexts by courts; federal, state, and local governments; businesses and private individuals. According to a recent survey conducted by the National Institute for Dispute Resolution, twenty-eight state courts now have mandatory, non-binding arbitration programs; more than half of the …

Predisposed With Integrity: The Elusive Quest For Justice In Tripartite Arbitrations, Deseriee A. Kennedy

Scholarly Works

No abstract provided.

Standards Of Conduct For Mediators, John D. Feerick

Faculty Scholarship

In 1992, the American Arbitration Association, the American Bar Association, and the Society of Professionals in Dispute Resolution (SPIDR) formed a joint committee to develop a code of conduct for mediators. After more than two years of work, the committee completed and submitted Standards of Conduct for Mediators for approval to their respective associations. The purpose was to develop a set of standards that could serve as a general framework for mediators, providing them with a helpful tool in their practice. The standards were to be broad enough to cover all types of mediation and flexible enough to evolve over …

History Of Arbitration Practice And Law, Frank D. Emerson

Cleveland State Law Review

Long before laws were established, or courts were organized, or judges formulated principles of law, men had resorted to arbitration for the resolving of discord, the adjustment of differences, and the settlement of disputes. It is important to recall the early uses of arbitration at this time when, in the midst of a rising tide of controversy, doubts arise. Arbitration is sometimes thought to be something new, untried, and hazardous to good public relations; or its organization seems to be detrimental to judicial institutions that seem older, but are in reality next-of-kin.