Law Commons^™

Structural Barriers To Inclusion In Arbitrator Pools, Nicole G. Iannarone

Washington Law Review

Critics increasingly challenge mandatory arbitration because the pools from which decisionmakers are selected are neither diverse nor inclusive. Evaluating diversity and inclusion in arbitrator pools is difficult due to the black box nature of mandatory arbitration. This Article evaluates inclusion in arbitrator pools through a case study on securities arbitration. The Article relies upon the relatively greater transparency of the Financial Industry Regulatory Authority (FINRA) forum. It begins by describing the unique role that small claims securities arbitration plays in maintaining investor trust and confidence in the securities markets before describing why ensuring that the FINRA arbitrator pool is both …

Law School News: Rwu Law Acquires Top Marine Law Journal 08-19-2021, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

The Power Of Two Words To Split Circuits, Natalie Whitacre

University of Miami Law Review

28 U.S.C. § 1782 authorizes federal judges to grant assistance to a “foreign or international tribunal” for discovery proceedings. The meaning of the term “foreign or international tribunal” has been the subject of much dispute. In 2019 the Sixth Circuit became the first court of appeals to extend the purview of the statute to private commercial arbitration, creating a circuit split. However, the use of 28 U.S.C. § 1782 in arbitral proceedings raises a number of questions about whether U.S. style discovery would impede the efficiency of arbitration and whether the practice could be extended to international tribunals located within …

Remuneration Of The Arbitrators In International Commercial Arbitration: Arbitrators’Authority In Setting Their Fees And The Oversight Role Of The Judiciary, Mosleh Ahmad Tarawneh, Abdullah Aldmour

UAEU Law Journal

This article examines the nature and the enforceability of arbitrators’ authority in setting their fees. It seeks to identify the different methods, factors, determinants of calculating fees, and the guarantees that entitle them to meet these fees. The fundamental question is: Could the arbitrators force the parties to pay their fees by issuing an award against them? The Article will also examine the role of the national courts in setting or controlling the fees of the arbitrators and the advance payment of arbitration costs.

Keywords: International Commercial Arbitration, Arbitrators, Remuneration of the Arbitrators, Cost-control, Advance payment on Cost, Jordanian Arbitration …