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Full-Text Articles in Law
Deceptive Negotiating And High-Toned Morality, Walter W. Steele, Jr.
Deceptive Negotiating And High-Toned Morality, Walter W. Steele, Jr.
Vanderbilt Law Review
Rising concern about the adequacy of the adversary system to deal with disputes quickly, fairly, and economically has led to increased interest in a broad range of alternate dispute resolution mechanisms such as arbitration and the use of mini-trials. Presently, however, negotiation between disputants or negotiation between counsel for disputants is the best understood and most often utilized alternative to litigation. In fact, negotiating prior to litigating is so pervasive that it might be thought of as an inherent part of the litigation process. From a lawyer's perspective, an advantage of negotiation over other forms of dispute resolution is that …
Recognition And Enforcement Of Foreign Arbitral Awards In The United States: Defenses To Arbitrability, Dennis J. Connolly
Recognition And Enforcement Of Foreign Arbitral Awards In The United States: Defenses To Arbitrability, Dennis J. Connolly
South Carolina Law Review
No abstract provided.
New York: The Right To Discharge At-Will Employees Post Weiner, John V. Dember
New York: The Right To Discharge At-Will Employees Post Weiner, John V. Dember
Touro Law Review
No abstract provided.
The Efficient Delivery Of Arbitration Services Through Use Of The Arbitration Firm, Roger I. Abrams, Dennis R. Nolan
The Efficient Delivery Of Arbitration Services Through Use Of The Arbitration Firm, Roger I. Abrams, Dennis R. Nolan
Nova Law Review
When a company and a union negotiate a collective agreement, they anticipate that disputes will arise during its term.
Impact Of Opinion 11 On The Publication Of Arbitration Awards, The, Donald J. Petersen, Julius Rezler
Impact Of Opinion 11 On The Publication Of Arbitration Awards, The, Donald J. Petersen, Julius Rezler
Journal of Dispute Resolution
The primary purpose of an arbitration award is, of course, to resolve the issues submitted to the arbitrator for determination. However, awards also serve a number of other purposes, namely, to facilitate the selection of arbitrators, to assist researchers in evaluating trends in arbitration, to educate prospective arbitrators, and to help the parties in the preparation of their cases and briefs.
Federal Arbitration Act Comparison
Federal Arbitration Act Comparison
Journal of Dispute Resolution
The question the Supreme Court left unanswered in Southland is which FAA provisions must be applied by state courts.' Although the FAA clearly preempts state law on the enforceability of arbitration clauses, 6 state procedural rules may still apply in enforcing arbitration agreements.' Since the extent of preemption remains to be determined, it is important for practioners to be aware of and review potential areas of state arbitration acts which may be superceded by the FAA. Accordingly, a comparison of the FAA with selected state arbitration statutes will lend practitioners some guidance in determining the applicable law.
The Securities Arbitrators' Nightmare, Constantine N. Katsoris
The Securities Arbitrators' Nightmare, Constantine N. Katsoris
Fordham Urban Law Journal
Securities arbitration panels have arisen to deal with the rising tide of securities litigation. However, the application of arbitration procedure to securities claims has caused problems with clashes of procedure and enforcement issues. The United States Arbitration Act was passed to The Supreme Court addressed some of those issues in Dean Witter Reynolds Inc. v. Byrd, but did not determine whether Wilko v. Swan's effective repeal of the Arbitration Act as it applies to securities claims brought under the Securities Act of 1933 also covered securities claims brought under the Securities Act of 1934. The author eventually determines that because …
Arbitration From The Viewpoint Of The Practicing Attorney: An Analysis Of Arbitration Cases Decided By The New York State Court Of Appeals From January, 1973 To September, 1985, Hugh R. Jones
Fordham Urban Law Journal
Over a period of years, recourse has increasingly been had to arbitration as a method of dispute resolution in both the public and the private sectors. There is every indication that this trend will continue and expand in the future. In his opening address at the 1985 Annual Meeting of the American Law Institute last May, Chief Justice Warren Burger urged us to "take a fresh look at the entire structure we have created to resolve disputes" and deplored the fact that "as we now practice it, that system is too costly, too painful, too destructive and too inefficient."' At …
Uniform Arbitration Act, The
Journal of Dispute Resolution
In 1955, the Uniform Arbitration Act (UAA) was proposed by the National Conference of Commissioners on Uniform State Laws.' Since that time, well over half of the states have adopted statutes modeled after the UAA. 2 The purpose of this survey is to explain the principles underlying recent court decisions interpreting the UAA, and provide a framework for analyzing future cases.3