Open Access. Powered by Scholars. Published by Universities.®

Securities Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Journal

Securities law

Dispute Resolution and Arbitration

Articles 1 - 4 of 4

Full-Text Articles in Securities Law

How Much Can It Be Bent Before Breaking? Changing The Foundations Of Arbitration In Securities Disputes, M. Saleh Jaberi, Bruno Zeller Feb 2016

How Much Can It Be Bent Before Breaking? Changing The Foundations Of Arbitration In Securities Disputes, M. Saleh Jaberi, Bruno Zeller

Pepperdine Dispute Resolution Law Journal

Following the emergence of arbitration in the stock market disputes, governments and brokers have tried to modify the arbitration procedure in order to adapt it to their needs. Consequently, the foundations of arbitration, such as freedom to enter into an arbitration agreement and selection of arbitrators, have changed in relation to rules and practice. Some of the securities arbitrations have judicialized and have lost the fundamental principles of arbitration, while others have changed only some of the traditional arbitration traits. It is important to protect the nature of arbitration; otherwise, the necessary support of courts for the arbitration procedure and …


The Unjustified Furor Over Securities Arbitration, Gilbert R. Serota Jan 2013

The Unjustified Furor Over Securities Arbitration, Gilbert R. Serota

Pepperdine Law Review

No abstract provided.


Protecting The Public, Not Anyone's Turf: The Unlicensed Practice Of Law In Securities Arbitration , John P. Cleary Oct 2012

Protecting The Public, Not Anyone's Turf: The Unlicensed Practice Of Law In Securities Arbitration , John P. Cleary

Pepperdine Law Review

No abstract provided.


Mexico And The Settlement Of Investment Disputes: Icsid As The Recommended Option, Bernardo Sepúlveda Mar 2012

Mexico And The Settlement Of Investment Disputes: Icsid As The Recommended Option, Bernardo Sepúlveda

Pepperdine Dispute Resolution Law Journal

The changes that have taken place in arbitration conditions, the greater fairness in the arbitration process, and the increasingly stringent qualifications to be met by arbitrators, as well as contemporary economic realities, have been instrumental in causing Mexico's about-face on its approach to arbitration. Although in certain quarters doubts remain in Mexico as to the advantages of international arbitration, it would be ill advised to ignore a legal and political reality. In signing treaties that include an arbitration clause, Mexico has assumed rights and obligations. Politically speaking, a border has already been crossed. In the face of this indisputable fact, …