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Provisional Measures In Aid Of Arbitration, Ronald A. Brand
Provisional Measures In Aid Of Arbitration, Ronald A. Brand
Articles
The success of the New York Convention has made arbitration a preferred means of dispute resolution for international commercial transactions. Success in arbitration often depends on the extent to which a party may secure assets, evidence, or the status quo between parties prior to the completion of the arbitration process. This makes the availability of provisional measures granted by either arbitral tribunals or by courts fundamental to the arbitration. In this Article, I consider the existing legal framework for provisional measures in aid of arbitration, with particular attention to the sources of the rules providing for such measures. Those sources …
When To Leave The Stones Unturned: Using Proportionality To Navigate Discovery Efficiently, Effectively, And Ethically, Stephen L. Rispoli, James E. Wren, Daniella Mcdonagh
When To Leave The Stones Unturned: Using Proportionality To Navigate Discovery Efficiently, Effectively, And Ethically, Stephen L. Rispoli, James E. Wren, Daniella Mcdonagh
Marquette Law Review
Discovery is intended to be an efficient, truth-seeking process with the ultimate goal of achieving just, speedy, and inexpensive dispute resolution. However, the consistent and extensive abuse of discovery has cast a shadow on the intended purpose of the process. For various ill- and well-intentioned reasons, attorneys abuse the process by conducting unnecessarily excessive and expensive discovery. One such reason for excessive and expensive discovery—and the focus of this Article—is the over-zealous advocacy of attorneys who leave no stone unturned out of fear of legal malpractice claims. To combat such excessive and expensive discovery, the Federal Rules of Civil Procedure …
Producing Procedural Inequality Through The Empirical Turn, Danya Shocair Reda
Producing Procedural Inequality Through The Empirical Turn, Danya Shocair Reda
University of Colorado Law Review
Procedural rulemaking and scholarship have taken an empirical turn in the past three decades. This empirical turn reflects a surprising consensus in what is otherwise a highly divided field and an inherently adversarial system. Because procedural rules distribute legal power in society, they invariably raise questions about who should have access to courts, information, and the means to defend one's legal rights. While debate rages about these normative commitments, procedure has developed a surprising epistemic agreement on empiricism, with its promise of rising above these competing interests with data. In procedure, the turn toward empiricism has become a strategy for …