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Full-Text Articles in Law

Confidentiality Agreements: The Florida Sunshine In Litigation Act, The #Metoo Movement, And Signing Away The Right To Speak, Loune-Djenia Askew Dec 2019

Confidentiality Agreements: The Florida Sunshine In Litigation Act, The #Metoo Movement, And Signing Away The Right To Speak, Loune-Djenia Askew

University of Miami Race & Social Justice Law Review

No abstract provided.


Process & Industrial Developments Limited V. Nigeria: Exception Under The Fsia When Award Has Been Set Aside By A Court Of The Country “Under The Law Of Which” The Award Was Made, Ndifreke Uwem May 2019

Process & Industrial Developments Limited V. Nigeria: Exception Under The Fsia When Award Has Been Set Aside By A Court Of The Country “Under The Law Of Which” The Award Was Made, Ndifreke Uwem

University of Miami International and Comparative Law Review

In March 2018, Process & Industrial Developments Limited (P&ID) filed a petition at the United States District Court for the District of Columbia to confirm an arbitral award against the Federal Republic of Nigeria. The proceedings were conducted in three phases – jurisdictional, liability, and damages. The arbitration provision in the underlying contract hardly represented a model of clarity. It provided for the application of the Nigerian arbitration act to any dispute between the parties. On the other hand, it specified London as the “venue” of the proceedings. This posed a problem as to whether Nigeria was the juridical seat of ...


A Court’S Continuing Obligation To Ensure Fairness Of Class Action Settlements, Filip Grzelak May 2019

A Court’S Continuing Obligation To Ensure Fairness Of Class Action Settlements, Filip Grzelak

University of Miami Law Review

In April 2010, Deepwater Horizon, a BP-operated drilling rig, exploded killing eleven workers and poisoning the waters of the Gulf of Mexico with 210 million gallons of oil. Some 90,000 cleanup workers become involved in the response; many became sick after exposure to crude oil and Corexit, a chemical used to disperse the oil. A class action against BP ensued. A settlement was reached in 2013 and provided for a two-phased compensation mechanism, which class action experts praised for effectiveness and fairness.

Soon, however, it became clear that the settlement was neither effective nor fair. Many cleanup workers were ...


Los 60 Años De La Convención De Nueva York Y La Práctica Jurisprudencial Internacional Frente Al Reconocimiento Y Ejecución De Laudos Extranjeros Anulados En La Sede Del Arbitraje, Marlon M. Meza-Salas Jun 2018

Los 60 Años De La Convención De Nueva York Y La Práctica Jurisprudencial Internacional Frente Al Reconocimiento Y Ejecución De Laudos Extranjeros Anulados En La Sede Del Arbitraje, Marlon M. Meza-Salas

University of Miami International and Comparative Law Review

No abstract provided.


Bg Group V. Argentina: A Reiteration Of Undesired Complexity For A Simple Principle: Kompetenz-Kompetenz Under The Faa And The Uncitral Model Law, Ndifreke Uwem Jun 2018

Bg Group V. Argentina: A Reiteration Of Undesired Complexity For A Simple Principle: Kompetenz-Kompetenz Under The Faa And The Uncitral Model Law, Ndifreke Uwem

University of Miami International and Comparative Law Review

No abstract provided.


Justice Beyond Dispute, Mary Anne Franks Jan 2018

Justice Beyond Dispute, Mary Anne Franks

Articles

No abstract provided.


Evolution Of The Arbitration Forum As A Response To Mandatory Arbitration, Teresa J. Verges Jan 2018

Evolution Of The Arbitration Forum As A Response To Mandatory Arbitration, Teresa J. Verges

Articles

No abstract provided.


The South China Sea Arbitration Award, Bernard H. Oxman Aug 2017

The South China Sea Arbitration Award, Bernard H. Oxman

University of Miami International and Comparative Law Review

No abstract provided.


Qui Custodiet Custodes? A Hard Look At International Arbitral Institutions, Jan Paulsson Jan 2017

Qui Custodiet Custodes? A Hard Look At International Arbitral Institutions, Jan Paulsson

Articles

No abstract provided.


The Convergence Awakens: How Principles Of Proportionality And Calls For Cooperation Are Reshaping The E-Discovery Landscape, Tevor Gillum May 2016

The Convergence Awakens: How Principles Of Proportionality And Calls For Cooperation Are Reshaping The E-Discovery Landscape, Tevor Gillum

University of Miami International and Comparative Law Review

No abstract provided.


The Fifty-Eight Proceedings: Domain Name Disputes, Korean Parties, And Wipo Three-Member Panels, Ilhyung Lee May 2016

The Fifty-Eight Proceedings: Domain Name Disputes, Korean Parties, And Wipo Three-Member Panels, Ilhyung Lee

University of Miami International and Comparative Law Review

No abstract provided.


The New Brazilian Arbitration Law, Arnoldo Wald, Ana Gerdau De Borja Feb 2016

The New Brazilian Arbitration Law, Arnoldo Wald, Ana Gerdau De Borja

University of Miami Inter-American Law Review

This article selects four landmark events: the enactment of Law No. 9.307 on Sept. 23, 1996 (the “1996 Arbitration Law”); (ii) the recognition of the constitutionality of such law by the Supreme Court in 2001; (iii) the ratification of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards in 2002; and (iv) the enactment of Law No. 13.129 on May 26, 2015 (the “Amendment”). The first three events are analyzed jointly with the fourth event, in order to identify novel important legal issues involving arbitration in Brazil: (a) subject arbitrability concerning state and state ...


Arbitration Of Mexican Trust Disputes: A Couple Made For Each Other?, Edgardo Muñoz, Sofía Llamas Dec 2015

Arbitration Of Mexican Trust Disputes: A Couple Made For Each Other?, Edgardo Muñoz, Sofía Llamas

University of Miami International and Comparative Law Review

No abstract provided.


A Sour Battle In Lago Agrio And Beyond: The Metamorphosis Of Transnational Litigation And The Protection Of Collective Rights In Ecuador, Manuel A. Gomez May 2015

A Sour Battle In Lago Agrio And Beyond: The Metamorphosis Of Transnational Litigation And The Protection Of Collective Rights In Ecuador, Manuel A. Gomez

University of Miami Inter-American Law Review

No abstract provided.


Unaffordable Justice: The High Cost Of Mandatory Employment Arbitration For The Average Worker, Lisa A. Nagele-Piazza Oct 2014

Unaffordable Justice: The High Cost Of Mandatory Employment Arbitration For The Average Worker, Lisa A. Nagele-Piazza

University of Miami Business Law Review

Although the use of arbitration provisions in collective bargaining agreements and executive employment contracts serve a beneficial purpose for workers and employers alike, the growing use of mandatory, pre-dispute arbitration agreements in non-unionized employment settings stands as an obstacle for employees to vindicate their statutorily prescribed civil rights. In particular, by forcing workers to share in the unique costs of arbitration, employees may be deterred from bringing otherwise meritorious claims. Given the federal policy favoring arbitration, and in the absence of legislation banning mandatory employment arbitration agreements, it is essential for arbitration service providers and drafters of arbitration clauses to ...


Wachovia Securities, Llc V. Brand (2012): The Fourth Circuit's Dubious Position In The Ongoing Federal Circuit Split In The Application Of "Manifest Disregard Of The Law" As A Basis For Vacatur Of Arbitration Awards Following The U.S. Supreme Court's Hall Street Decision (2008), Jonas Cullemark Jan 2014

Wachovia Securities, Llc V. Brand (2012): The Fourth Circuit's Dubious Position In The Ongoing Federal Circuit Split In The Application Of "Manifest Disregard Of The Law" As A Basis For Vacatur Of Arbitration Awards Following The U.S. Supreme Court's Hall Street Decision (2008), Jonas Cullemark

University of Miami Business Law Review

No abstract provided.


Opening The Floodgates Of Small Customer Claims In Finra Arbitration: Finra V. Charles Schwab & Co., Inc., Teresa J. Verges Jan 2014

Opening The Floodgates Of Small Customer Claims In Finra Arbitration: Finra V. Charles Schwab & Co., Inc., Teresa J. Verges

Articles

No abstract provided.


Stop! In The Name Of Ethics, Before You Break My Bank Account: The "Conflicting" Rights Guaranteed To Parties In International Arbitration By Hrvatska V. Slovenia And Rompetrol V. Romania, And Their Potential As Tactical Weapons, Misbah Farid May 2013

Stop! In The Name Of Ethics, Before You Break My Bank Account: The "Conflicting" Rights Guaranteed To Parties In International Arbitration By Hrvatska V. Slovenia And Rompetrol V. Romania, And Their Potential As Tactical Weapons, Misbah Farid

University of Miami International and Comparative Law Review

International arbitration offers many rights, such as the right to counsel of choice and the right to an independent and impartial arbitration panel and proceeding. However, these guarantees, while they ensure the rights of parties and allow international arbitration to be a viable dispute resolution forum, can also be used as weapons. The viability of these rights as weapons is what reconciles the seemingly conflicting cases of Hrvatska v. Slovenia and Rompetrol v. Romania. Hrvatska sets forth an arbitration tribunal's inherent right to ensure and regulate the proceedings so as to guarantee the rights offered by international arbitration, while ...


A Defense Of Dissents In Investment Arbitration, Pedro J. Martinez-Fraga, Harout Jack Samra Jul 2012

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 Jul 2012

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.


The Public Interest In International Arbitration, Jan Paulsson Jan 2012

The Public Interest In International Arbitration, Jan Paulsson

Articles

No abstract provided.


A Tribute To Louis Sohn - Is The Dispute Settlement System Under The Law Of The Sea Convention Working?, Bernard H. Oxman Jan 2007

A Tribute To Louis Sohn - Is The Dispute Settlement System Under The Law Of The Sea Convention Working?, Bernard H. Oxman

Articles

No abstract provided.


Current Issues In The Enforcement Of International Arbitration Awards, Joseph E. Neuhaus Oct 2004

Current Issues In The Enforcement Of International Arbitration Awards, Joseph E. Neuhaus

University of Miami Inter-American Law Review

No abstract provided.


The Recent Wave Of Arbitrations Against Argentina Under Bilateral Investment Treaties: Background And Principal Legal Issues, Paolo Di Rosa Oct 2004

The Recent Wave Of Arbitrations Against Argentina Under Bilateral Investment Treaties: Background And Principal Legal Issues, Paolo Di Rosa

University of Miami Inter-American Law Review

No abstract provided.


Clash And Convergence On Ethical Issues In International Arbitration, John M. Townsend Oct 2004

Clash And Convergence On Ethical Issues In International Arbitration, John M. Townsend

University of Miami Inter-American Law Review

No abstract provided.


The Ballad Of Transborder Arbitration, Thomas E. Carbonneau Jul 2002

The Ballad Of Transborder Arbitration, Thomas E. Carbonneau

University of Miami Law Review

No abstract provided.


Is The U.S. Out On A Limb? Comparing The U.S. Approach To Mandatory Consumer And Employment Arbitration To That Of The Rest Of The World, Jean R. Sternlight Jul 2002

Is The U.S. Out On A Limb? Comparing The U.S. Approach To Mandatory Consumer And Employment Arbitration To That Of The Rest Of The World, Jean R. Sternlight

University of Miami Law Review

No abstract provided.


Consumer And Employment Arbitration Law In Comparative Perspective: The Importance Of The Civil Jury, Stephen J. Ware Jul 2002

Consumer And Employment Arbitration Law In Comparative Perspective: The Importance Of The Civil Jury, Stephen J. Ware

University of Miami Law Review

No abstract provided.


Self-Determination In Dispute System Design And Employment Arbitration, Lisa B. Bingham Jul 2002

Self-Determination In Dispute System Design And Employment Arbitration, Lisa B. Bingham

University of Miami Law Review

No abstract provided.


The Unanswered Question From Green Tree Financial Corp. V. Randolph: How Much Is Too Much Before The Costs Of Arbitration Become A Barrier To Due Process?, Robert W. Abel Jul 2002

The Unanswered Question From Green Tree Financial Corp. V. Randolph: How Much Is Too Much Before The Costs Of Arbitration Become A Barrier To Due Process?, Robert W. Abel

University of Miami Law Review

No abstract provided.