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Full-Text Articles in Law
The Special Nature Of International Insurance And Reinsurance Arbitration: A Response To Professor Jerry, S. I. Strong
The Special Nature Of International Insurance And Reinsurance Arbitration: A Response To Professor Jerry, S. I. Strong
Journal of Dispute Resolution
No abstract provided.
Get The Best Of Both Worlds: Illusory Arbitration Agreements, Desiree Shay
Get The Best Of Both Worlds: Illusory Arbitration Agreements, Desiree Shay
Journal of Dispute Resolution
This Note addresses the clauses in franchise-franchisee agreements that preserve the right for a franchisor to unilaterally alter the terms of arbitration after the franchise relationship has begun. A majority of courts, applying state contract law, have held that these clauses are unenforceable due to a lack of consideration, making the contract illusory. However, courts still come to different conclusions because each court has to follow state contract law. The United States Supreme Court’s holding on this issue might not be able to have full effect because the Federal Arbitration Act requires that courts rely on state law. The Seventh …
When Arbitration Agreement Provisions Time Travel: Illusory Promises And Continued At-Will Employment In Baker, Richard C. Byrd
When Arbitration Agreement Provisions Time Travel: Illusory Promises And Continued At-Will Employment In Baker, Richard C. Byrd
Missouri Law Review
First, this Note discusses the particular facts of the Baker case, including its procedural history and holding. Then, the history of salient cases and law is covered in three main areas related to Baker, specifically the concept of arbitrability, at-will employment’s status as effective consideration, and when courts find promises to be illusory. Following that, this Note summarizes the court’s decision in Baker and its lengthy and thorough dissent. Finally, this note discusses the significance of this case in relation to both the history of the topics involved and their application going forward.
International Arbitration, Judicial Education, And Legal Elites, Catherine A. Rogers
International Arbitration, Judicial Education, And Legal Elites, Catherine A. Rogers
Journal of Dispute Resolution
This essay sketches an account of how investment arbitration affects development of local legal institutions, in particular domestic courts. When investment arbitration is introduced into a local legal environment, it becomes integrated with international commercial arbitration, and often domestic arbitration. This integration occurs because the local economic elites, private law firms, and local businesses that deal with (or compete with) foreign investors and investment arbitration disputes also deal with international commercial matters, international commercial disputes, and domestic arbitration.
Arbitration Whack-A-Mole: The Federal Policy Favoring Arbitration Hammers The Rights Of Individual Employees, Spring E. Taylor
Arbitration Whack-A-Mole: The Federal Policy Favoring Arbitration Hammers The Rights Of Individual Employees, Spring E. Taylor
Journal of Dispute Resolution
In a country that protects the plaintiff's right to a day in court, it only seems natural that Sally should have the opportunity to take her cause to the courthouse. But the strong fedral presumption that supports the enforcement of arbitration provisions is like a hammber that pushes plaintiffs like Sally and those if Huffman into the arbitration arena. In Huffman, the Sixth Circuit rescued an employwer from an ambiguous arbitration provision contained in the employer-drafted employment agreement and enforced the arbitration provision as one of the provisions to survive expiration of the contract, even though it was not listed …
Deference, Clarity, And The Future Of Arbitration In Investor-State Dispute Settlements, Robert N. Mace
Deference, Clarity, And The Future Of Arbitration In Investor-State Dispute Settlements, Robert N. Mace
Journal of Dispute Resolution
The result in BG Group, PLC demonstrates the Court’s desire to sustain arbitration as an effective and independent means of resolving disputes. The Court displayed an inclination to limit the influence of the judiciary on the process of BIT arbitration, recognizing the important position of BITs in global commerce and the prominence of the United States. Ultimately, the Court aligned the interpretive framework of domestic and international arbitration review in an effort to simplify review for courts and better inform stakeholders to the level of involvement of the judicial system in BITs that contain arbitration provisions.