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Articles 1 - 6 of 6

Full-Text Articles in Law

Final Offer Arbitration, Harold I. Abramson Jul 2014

Final Offer Arbitration, Harold I. Abramson

Harold I. Abramson

No abstract provided.


Arbitraje Civil Y Mercantil En México, Max Garcia, Jusey Martinez Carrasco Jun 2014

Arbitraje Civil Y Mercantil En México, Max Garcia, Jusey Martinez Carrasco

Max Garcia Sanchez

No abstract provided.


Cash Of The Titans: Arbitrating Challenges To Executive Compensation, Kenneth Davis Mar 2014

Cash Of The Titans: Arbitrating Challenges To Executive Compensation, Kenneth Davis

Kenneth R. Davis

Excessive executive compensation is endemic to U.S. corporations, and the trend is spiraling out of control. To challenge excessive pay packages, shareholders sometimes institute derivative suits. This approach has had limited success, however, because several principles of law – most notably the business judgment rule – shield directors from liability for awarding exorbitant pay to high-level managers. The business judgment rule removes the unreasonableness of compensation packages from the reach of judicial review. This Article proposes that corporations duly approve procedures to arbitrate shareholder challenges to excessive compensation agreements. Arbitration is uniquely suited for this purpose. Arbitrators are not bound …


Protocols For International Arbitrators Who Dare To Settle Cases, Harold Abramson Mar 2014

Protocols For International Arbitrators Who Dare To Settle Cases, Harold Abramson

Harold I. Abramson

The best time to settle an international business dispute can be after the international arbitration proceeding has been commenced. Just like in court litigation, parties may be ready to settle only after the adjudicatory process has begun and even has progressed. In court, judges commonly open the door to settlement; they hold settlement conferences and even actively participate in settlement negotiations. But arbitrators rarely open the door to settlement; when they do, they risk losing their jobs. So, what can international arbitrators safely do? What dare they do? In this article, the author explores the dilemma presented when one neutral …


Nullità Di Clausole Compromissorie Negli Arbitrati Sportivi Per Squilibrio Strutturale Tra I Contraenti, Valerio Cosimo Romano Jan 2014

Nullità Di Clausole Compromissorie Negli Arbitrati Sportivi Per Squilibrio Strutturale Tra I Contraenti, Valerio Cosimo Romano

Valerio Cosimo Romano

No abstract provided.


Beit Din's Gap-Filling Function: Using Beit Din To Protect Your Client, Michael A. Helfand Dec 2013

Beit Din's Gap-Filling Function: Using Beit Din To Protect Your Client, Michael A. Helfand

Michael A Helfand

This article considers how rabbinical courts play an important gap-filling role by providing parties with a forum to adjudicate a subset of religious disputes that could not be resolved in court. Under current constitutional doctrine, civil courts cannot adjudicate disputes that turn on religious doctrine and practice. By contrast, rabbinical courts can resolve such disputes--and the decisions of rabbinical courts can then be enforced by civil courts even as those same civil courts could not resolve the dispute in the first instance. In this way, rabbinical courts--like other religious arbitration tribunals--fill a void created by constitutional law, ensuring that parties …