Arbitration And Antitrust: Navigating The Contours Of Mandatory Law, Charles H. Brower Ii

Law Faculty Research Publications

No abstract provided.

The Impact Of Alternative Dispute Resolution (Adr) In Employment Law, Douglas Ashman

Purdue Polytechnic Masters Theses

abstract

Ashman, Douglas E. Masters, Degree. Purdue University. The Impact of Alternative Dispute Resolution (ADR) in Employment Law

Major Professor: Linda Naimi

A growing group of distinguished legal observers see cause for concern as ADR methods become more institutionalized and the basic theories and practices of Civil procedure are mediated and justice becomes an exercise in compromise. It is perceived by some observers that the justice system is becoming privatized and ADR is undermining the basic tenants of the American justice system and is a growing replacement for the checks and balances of a once enviable and unique civil justice …

Through The Looking Glass: Understanding Social Science Norms For Analyzing International Investment Law, Susan Franck, Calvin Garbin, Jenna Perkins

Articles in Law Reviews & Other Academic Journals

When social science methods are being employed in a new context — such as the assessment of international investment law — there is value in exploring the underlying assumptions and normative baselines of the enterprise. This article and response address critiques about the methodology of an article in the Harvard International Law Journal by: (1) describing the value of social science in international investment law; (2) replicating the research using new methodologies to conduct more than 20 new tests that were still unable to ascertain the existence of a reliable relationship between development status and outcomes on the basis of …

Opening The Mediation Window In The Arbitration House, Nadja Alexander

Research Collection Yong Pung How School Of Law

Throughout the 20th century the arbitration house has dominated the landscape of international commercial dispute resolution withthe court house providing another part of the structural landscape. In the 21st century foundations are being laid for construction of a free-standing mediation house in international dispute resolution practice. Meanwhile a closer inspection of arbitration house reveals the ongoing construction of mediation and other ADR windows in its design. In this paper I explore how and why mediation windows are being built, their structural and functional soundness and the extent to which they may open up and transform arbitration.

International Arbitration And The Republic Of Colombia: Commercial, Comparative And Constitutional Concerns From A U.S. Perspective, S. I. Strong

Faculty Publications

This article undertakes the first comparative analysis of Colombian arbitration law in English, setting Colombian statutory and case law side by side with international and U.S. law to provide U.S. parties with the information they need to (1) evaluate the risks and benefits associated with entering into an arbitration agreement with a Colombian party and (2) establish the kinds of procedures needed to provide optimal protection of the arbitral process and any resulting award. Not only does this research discuss important comparative and commercial matters, it also considers how a unique type of constitutional challenge - the acción de tutela …

Arbitration Ambush In A Policy Polemic, Amy J. Schmitz

Faculty Publications

Arbitration has been demonized in the media and consumer protection debates, often without empirical support or consideration of its attributes. This has led to renewed efforts to pass the Arbitration Fairness Action, which would bar enforcement of pre-dispute arbitration clauses in consumer, employment, and civil rights contexts. It also inspired Dodd-Frank’s preclusion of arbitration clauses in mortgage contracts, along with the Consumer Financial Protection Bureau’s charge to prohibit or limit enforcement of pre-dispute arbitration agreements in consumer financial products and services contracts. Some of this negativity toward arbitration is warranted, especially in the wake of the United Supreme Court’s recent …

Rectitude In International Arbitration, William W. Park

Faculty Scholarship

Few criteria for evaluating arbitrator independence and impartiality will stay foolproof for long, given how ingenious fools often prove themselves to be. No less than in other areas of the law, elaboration of ethical standards for arbitrators implicates a tension between the transient and the permanent. Conflict-of-interest principles remain most useful if implemented with sensitivity to new trouble spots. Traditional ethical models serve as starting points for evaluating the fitness of those to whom business managers and nations entrust their treasure and their welfare. The constant evolution in expectations by users of the arbitral system call for regular adjustment in …

The Icsid Effect? Considering Potential Variations In Arbitration Awards, Susan D. Franck

Scholarly Articles

The legitimacy of the World Bank's dispute resolution body - The International Centre for the Settlement of Investment Disputes (ICSID) - is a matter of heated debate. Some states have alleged that ICSID is biased, withdrawn from the ICSID Convention, and advocated creating alternative arbitration systems. Using pre-2007 archival data of the population of then- known arbitration awards, this Article quantitatively assesses whether ICSID arbitration awards were substantially different from arbitration awards rendered in other forums. The Article examines variation in the amounts claimed and outcomes reached to evaluate indicators of bias. The results indicated that there was no reliable …

Contract And Procedure, Peter B. Rutledge, Christopher R, Drahozal

Scholarly Works

This paper examines both the theoretical underpinnings and empirical picture of procedural contracts. Procedural contracts may be understood as contracts in which parties regulate not merely their commercial relations but also the procedures by which disputes over those relations will be resolved. Those procedural contracts regulate not simply the forum in which disputes will be resolved (arbitration vs litigation) but also the applicable procedural framework (discovery, class action waivers, remedies limitations, etc.). At a theoretical level, this paper explores both the limits on parties' ability to regulate procedure by contract (at issue in the Supreme Court's recent Rent-A-Center decision) and …

1991 Arbitration Hearings Chart, Edmund P. Edmonds

Annual Hearings Charts

No abstract provided.

1993 Arbitration Hearings Chart, Edmund P. Edmonds

Annual Hearings Charts

No abstract provided.

1992 Arbitration Hearings Chart, Edmund P. Edmonds

Annual Hearings Charts

No abstract provided.

Valtin, Rolf Arbitration Chart, Edmund P. Edmonds

Arbitrator Charts

No abstract provided.

1996 Arbitration Hearings Chart, Edmund P. Edmonds

Annual Hearings Charts

No abstract provided.

1994 Arbitration Hearings Chart, Edmund P. Edmonds

Annual Hearings Charts

No abstract provided.

1995 Arbitration Hearings Chart, Edmund P. Edmonds

Annual Hearings Charts

No abstract provided.

1998 Arbitration Hearings Chart, Edmund P. Edmonds

Annual Hearings Charts

No abstract provided.

1999 Arbitration Hearings Chart, Edmund P. Edmonds

Annual Hearings Charts

No abstract provided.

1997 Arbitration Hearings Chart, Edmund P. Edmonds

Annual Hearings Charts

No abstract provided.

Block, Howard Arbitration Chart, Edmund P. Edmonds

Arbitrator Charts

No abstract provided.

Goldberg, Stephen Arbitration Chart, Edmund P. Edmonds

Arbitrator Charts

No abstract provided.

High, Theodore Arbitration Chart, Edmund P. Edmonds

Arbitrator Charts

No abstract provided.

Symonette, Alan Arbitration Chart, Edmund P. Edmonds

Arbitrator Charts

No abstract provided.

Simons, Jesse Arbitration Chart, Edmund P. Edmonds

Arbitrator Charts

No abstract provided.

Wittenberg, Carol Arbitration Chart, Edmund P. Edmonds

Arbitrator Charts

No abstract provided.

Kaplan, Roger Arbitration Chart, Edmund P. Edmonds

Arbitrator Charts

No abstract provided.

Killingsworth, Charles Arbitration Chart, Edmund P. Edmonds

Arbitrator Charts

No abstract provided.

Light, Robert Arbitration Chart, Edmund P. Edmonds

Arbitrator Charts

No abstract provided.

Kasher, Richard Arbitration Chart, Edmund P. Edmonds

Arbitrator Charts

No abstract provided.

Mcdermott, Clare Arbitration Chart, Edmund P. Edmonds

Arbitrator Charts

No abstract provided.