Law Commons^™

Reconsidering The Employment Contract Exclusion In Section 1 Of The Federal Arbitration Act: Correcting The Judiciary's Failure Of Statutory Vision, Jeffrey W. Stempel

Journal of Dispute Resolution

The clouded case law of Section l's employment contract exception presents an opportunity to improve the fairness and function of the Arbitration Act, an opportunity the bench has failed to grasp for nearly a half-century. Part II of this article reviews the case law surrounding the judicial construction of what constitutes a "class of workers engaged in interstate commerce," with courts generally holding that the employment contract exception affects only workers directly involved in interstate movement of objects. This view fails to further the overall goals of the Act and undermines the judicial goal of fairness. Recently, the Supreme Court …

Arbitration Allocates Costs Of Hazardous Waste Cleanup Claim Under Superfund, Nancy P. O'Brien

Journal of Dispute Resolution

With the growth in volume and complexity of environmental enforcement cases, alternative dispute resolution (ADR) has assumed increasing importance in the allocation of costs among liable parties. At the same time, the growth is less than might be expected because of obstacles in both the governmental and private sectors. This dichotomy is especially evident in cases involving pollution from hazardous wastes. 4

Recent Developments: The Uniform Arbitration Act, Scott Blair, Amy Brice, Robert Carroll, Chuck Hatfield

Journal of Dispute Resolution

Since 1983, this annual Article 2 has been prepared to provide a survey of recent developments in the case law interpreting and applying the various state versions of the Uniform Arbitration Act3. The purpose is to promote uniformity in the interpretation of the U.A.A. by developing and explaining the underlying principles and rationales courts have applied in recent cases.

Injunctions Pending Arbitration: Do The Courts Really Have Jurisdiction, Elizabeth Phillips

Journal of Dispute Resolution

The issue of injunctive relief pending arbitration stems from the language of the Federal Arbitration Act (FAA), 5 which compels arbitration.16 The instant decision falls within the growing majority of cases holding that the issuance of an injunction to preserve the status quo pending arbitration fulfills the court's obligation under the FAA to enforce a valid agreement to arbitrate. 7

International Transactions And Claims Involving Government Parties: Case Law Of The Iran-United States Claims Tribunal, Richard M. Mosk Reviewer, Nils Mangard Reviewer, Koorosh H. Ameli Reviewer

Vanderbilt Journal of Transnational Law

International Transactions and Claims Involving Government Parties: Case Law of the Iran-United States Claims Tribunal

By John A. Westberg

International Law Institute

Washington, D.C.: 1991. Pp. 412. $125.

=========================

Richard M. Mosk - reviewer

Nils Mangard - reviewer

Koorosh H. Ameli - reviewer

Arbitration, Robert M. Jarvis

Nova Law Review

Since the enactment of the Florida Arbitration Code ("FAC")' in

1957, the use of arbitration to resolve disputes has grown at a steady, if

not breathtaking, pace in Florida.'

Struggle Over Consolidation Of Arbitration Proceedings Continues: The Eighth Circuit Chooses Sides, The, Scott E. Blair

Journal of Dispute Resolution

In response to rising litigation costs and overburdened court dockets, parties are realizing the opportunity to resolve disputes more efficiently through the use of arbitration. 2 To ensure access to arbitration, parties are including provisions in contracts requiring arbitration of future disputes.3 Courts enforce these agreements pursuant to the Federal Arbitration Act (FAA), 4 originally adopted by Congress in 1925, which officially acknowledged the validity of private agreements to arbitrate.5 As a result, courts are faced with procedural issues, such as consolidation of separate arbitration proceedings, in their attempt to enforce the contracts in accordance with the parties' agreement. 6 …

Statutory Claims Under Erisa: Is Arbitration The Appropriate Forum, Amy L. Brice

Journal of Dispute Resolution

The Employment Retirement Income Security Act of 1974 (ERISA) 2 provides a regulatory scheme for the myriad of employee benefit plans that affect so many workers and their families today. 3 One ERISA issue is whether claims under the Act may be arbitrated or if they must be heard in a judicial forum. The Supreme Court has not yet spoken on this issue, but the district court in Southside Internists Group PC Money Purchase Pension Plan v. Janus Capital Corp. relied on the Supreme Court's determinations of arbitrability in various other cases 4 to conclude that ERISA claims may be …

Your Forum Or Mine - Where To Arbitrate Investor-Broker Securities Claims, Christopher J. Moeller

Journal of Dispute Resolution

This Comment will discuss the present forums available for customer-broker arbitration disputes, the problems arising in the current system, what changes in the present system may help resolve these problems, and the desirability of creating a new forum to handle all securities arbitrations between customers and brokers. This Comment will not challenge the desirability of arbitrating customer-broker disputes in general. Indeed, many scholars and commentators argue that arbitration is beneficial to both the customer and the broker because it provides a more efficient and less expensive means of settling disputes than litigation. However, for arbitration to effectively handle customer grievances, …

Curtailing The Arbitrator's Power: Valid Withholding Of Jurisdictionor Judicial Flaw, Kevin L. Wibbenmeyer

Journal of Dispute Resolution

With the movement toward alternative dispute resolution comes the issue of how much freedom arbitrators will be given before the courts will find the arbitrator's rulings to be beyond their jurisdiction. This Note will provide an understanding of the decision in Cobler v. Stanley, Barber, Southard, Brown & Associates, where the court limited the power of the arbitrator. 2 Further, this Note will explain how Cobler is inconsistent with California case law which suggests that great deference shall be given to the power of arbitrators.

Quasi-Judicial Immunity: The Arbitrator's Shield Or Sword, Robert M. Carroll

Journal of Dispute Resolution

With the rising number of divorces in today's society 2 and with the national emphasis to resolve child custody disputes through alternative forms of dispute resolution,3 the ability to hold arbitrators accountable for their actions within settlement conferences is becoming a prevalent issue. Arbitrators and mediators, commonly outside of the court's supervision, are now determining the best interests of the child, a role traditionally reserved to the courts.4 This increase of out-of-court settlements creates a need for certain standards which hold these quasi-judicial officers responsible for their decisions and liable for their actions. The court in Howard v. Drapkin addressed …

Trial By Jury

Touro Law Review

No abstract provided.