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Arbitration

2014

Dispute Resolution and Arbitration

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Articles 1 - 4 of 4

Full-Text Articles in Law

Between Law And Religion: Procedural Challenges To Religious Arbitration Awards, Michael Helfand May 2014

Between Law And Religion: Procedural Challenges To Religious Arbitration Awards, Michael Helfand

Michael A Helfand

This Essay presented at the Sharia and Halakha in America Conference explores the unique status of religious law as a hybrid concept that simultaneously retains the characteristics of both law and religion. To do so, the Article considers as a case study how courts should evaluate procedural challenges to religious arbitration awards. To respond to such challenges, courts must treat religious law as law when defining the contractually adopted religious procedural rules and treat religious law as religion when reviewing precisely what the religious procedural rules require. On this account, constitutional and arbitration doctrine combine to insulate religious arbitration awards …


Managing Construction Conflict: Unfinished Revolution, Continuing Evolution, Thomas Stipanowich Dec 2013

Managing Construction Conflict: Unfinished Revolution, Continuing Evolution, Thomas Stipanowich

Thomas J. Stipanowich

Two decades ago many believed we were experiencing a “Quiet Revolution” in the way conflict was managed, and nowhere was this more true than in the construction sector. Frustration with the costs, delays, risks and limitations of lawyer-driven adjudication prompted growing attention to informal methods aimed at early resolution of disputes, with those who “owned” the dispute back in the driver’s seat. A smorgasbord of options for preventing, managing and resolving conflict was suddenly on the table. There were strategies aimed at the very roots of conflict, including contractual terms aimed at promoting collaboration and reducing the chance of serious …


Living With Adr: Evolving Perceptions And Use Of Mediation, Arbitration And Conflict Management In Fortune 1,000 Corporations, Thomas Stipanowich, Ryan Lamare Dec 2013

Living With Adr: Evolving Perceptions And Use Of Mediation, Arbitration And Conflict Management In Fortune 1,000 Corporations, Thomas Stipanowich, Ryan Lamare

Thomas J. Stipanowich

As attorneys for the world’s most visible clients, corporate counsel played a key role in the transformation of American conflict resolution in the late Twentieth Century. In 1997 a survey of Fortune 1,000 corporate counsel provided the first broad-based picture of conflict resolution processes within large companies. In 2011, a second landmark survey of corporate counsel in Fortune 1,000 companies captured a variety of critical changes in the ways large companies handle conflict. Comparing their responses to those of the mid-1990s, clear and significant evolutionary trends are observable, including a further shift in corporate orientation away from litigation and toward …


Soft Law In The Organization And General Conduct Of Commercial Arbitration Proceedings, Thomas Stipanowich Dec 2013

Soft Law In The Organization And General Conduct Of Commercial Arbitration Proceedings, Thomas Stipanowich

Thomas J. Stipanowich

This commentary examines the growing use of Soft Law - non-binding guidelines that currently play an important role in organizing and conducting commercial arbitration proceedings. Standards such as the UNCITRAL Notes on Organizing Arbitral Proceedings, the ICC Techniques for Controlling Time and Costs in Arbitration, and the Protocols for Expeditious, Cost-Effective Commercial Arbitration have evolved from professional discourse regarding process management and more particular concerns about cost, delay and inefficiency in arbitration. Collectively, these guidelines reflect a growing recognition that deliberate and proactive effort by business users, counsel, arbitrators and provider institutions is critical to making the most of arbitration …