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International Commercial Mediation And Dispute Resolution Contracts, Nadja ALEXANDER, Natasha TUNKEL 2022 Singapore Management University

International Commercial Mediation And Dispute Resolution Contracts, Nadja Alexander, Natasha Tunkel

Research Collection School Of Law

Every transaction has the potential to go wrong and international commercial contracts are not spared this plight. It is when an international commercial contract fails – irrespective of the reasons, that the impact of different legal and cultural backgrounds of the parties come to light. The obvious venue for commercial disputes to be decided is generally understood to be in court (litigation)2 or before an arbitral tribunal (arbitration)3. However, there are numerous other alternative dispute mechanisms4 available to parties that are less well known and also deserve consideration; not least because they offer parties methods of resolving the dispute ...


But We Didn’T Agree To That!: Why Class Proceedings Should Not Be Implied From Silent Or Ambiguous Arbitration Clauses After Lamps Plus, Inc. V. Varela, Andrea DeMelo Laprade 2021 Catholic University of America (Student)

But We Didn’T Agree To That!: Why Class Proceedings Should Not Be Implied From Silent Or Ambiguous Arbitration Clauses After Lamps Plus, Inc. V. Varela, Andrea Demelo Laprade

Catholic University Law Review

The application of class arbitrability when a contract is silent on the matter remains a mystery. The Supreme Court has not clarified its stance on class arbitrability and preemptive effects of the Federal Arbitration Act on state law when applied to determine if class arbitrability is available. The purpose of this Paper is to address how the Lamps Plus v. Varela decision created more confusion about the question of class arbitrability. It argues that the failure to address the particulars of the availability of class arbitration will perpetuate litigation on this issue. This Paper suggests that the FAA’s purpose ...


Leases As Forms, David A. Hoffman, Anton Strezhnev 2021 University of Pennsylvania Law School

Leases As Forms, David A. Hoffman, Anton Strezhnev

Faculty Scholarship at Penn Law

We offer the first large scale descriptive study of residential leases, based on a dataset of ~170,000 residential leases filed in support of over ~200,000 Philadelphia eviction proceedings from 2005 through 2019. These leases are highly likely to contain unenforceable terms, and their pro-landlord tilt has increased sharply over time. Matching leases with individual tenant characteristics, we show that unlawful terms are surprisingly likely to be associated with more expensive leaseholds in richer, whiter parts of the city. This result is linked to landlords' growing adoption of shared forms, originally created by non-profit landlord associations, and more recently ...


Contract Remedies Need Not Undercompensate Aspiring Parents When Cryopreserved Reproductive Material Is Lost Or Destroyed: Recovery Of Consequential Damages For Emotional Disturbance When Breach Of Contract Results In The Lost Opportunity To Become Pregnant With One's Own Biological Child, Joseph M. Hnylka 2021 Nova Southeastern University

Contract Remedies Need Not Undercompensate Aspiring Parents When Cryopreserved Reproductive Material Is Lost Or Destroyed: Recovery Of Consequential Damages For Emotional Disturbance When Breach Of Contract Results In The Lost Opportunity To Become Pregnant With One's Own Biological Child, Joseph M. Hnylka

Journal of Law and Health

The Center for Disease Control and Prevention (CDC) has reported that the use of assisted reproductive technology (ART) has doubled over the past decade. In vitro fertilization (IVF) is the most prevalent form of ART. During IVF, a woman’s eggs are extracted, fertilized in a laboratory setting, and then implanted in the uterus. Many IVF procedures use eggs or sperm that were stored using a process called cryopreservation. A recent survey reported that cryopreservation consultations increased exponentially during the coronavirus pandemic, rising as much as 60 percent. It is estimated that more than one million embryos are stored in ...


Contracting Out Liability For Negligent Pre-Contractual Misrepresentation, Daniele Bertolini 2021 Ryerson University, Ted Rogers School of Management, Law and Business

Contracting Out Liability For Negligent Pre-Contractual Misrepresentation, Daniele Bertolini

Dalhousie Law Journal

This article examines the extent to which entire agreement clauses (EACs) and non-reliance clauses (NRCs) are enforceable to preclude actions for negligent pre-contractual misrepresentations. It is argued that courts could improve legal certainty and contractual fairness by adopting two distinct legal rules to be applied, respectively, to contracts between sophisticated parties and in adhesion contracts. First, it is suggested that in contracts between sophisticated parties only specific contractual barriers to actions should provide a complete defence against negligent misrepresentation claims. Under this rule, the exclusionary effect of EACs and NRCs would be achieved only if an express term of the ...


Rejecting Word Worship: An Integrative Approach To Judicial Construction Of Insurance Policies, Jeffrey W. Stempel, Erik S. Knutsen 2021 University of Cincinnati College of Law

Rejecting Word Worship: An Integrative Approach To Judicial Construction Of Insurance Policies, Jeffrey W. Stempel, Erik S. Knutsen

University of Cincinnati Law Review

Insurance coverage litigation is a quest for discerning meaning: Does the insurance policy cover the loss at issue? Construing the insurance policy, courts attempt to give legal effect to what the document purports to command. But what were the intentions and expectations of insurer and insured? Do those intentions even matter? Or is only the written text of the policy relevant to the coverage result? Courts addressing these questions typically frame the interpretative choice as one of strict textualism versus contextual functionalism.

In many, perhaps even most situations, text and context align to create an “easy” case. If a factory ...


Alex Lyon & Son, Sales Managers & Auctioneers V. Leach: Auction Contracts, Bidder Qualifications, Offer And Acceptance, Waiver, And The Fallacy Of Treating All Bidders The Same, George A. Michak 2021 Michak Legal

Alex Lyon & Son, Sales Managers & Auctioneers V. Leach: Auction Contracts, Bidder Qualifications, Offer And Acceptance, Waiver, And The Fallacy Of Treating All Bidders The Same, George A. Michak

West Virginia Law Review Online

In Alex Lyon & Son, Sales Managers & Auctioneers v. Leach, 844 S.E.2d 120 (W. Va. 2020), the Supreme Court of Appeals of West Virginia grappled with the contractual relationships among participants in an auction transaction and rendered an opinion that (i) misstates and misaligns the rights and obligations among auctioneers, sellers, bidders, and buyers, (ii) impedes the ability of an auctioneer to reasonably control the conduct of an auction, and (iii) threatens to artificially circumscribe the prerogative of sellers and auctioneers to assume greater risks relative to certain bidders in an effort to expand the bidder pool in the ...


Level-Up: Towards A More Competitive & Labor-Friendly E-Sports Industry, Andrew Ramstad 2021 Brooklyn Law School

Level-Up: Towards A More Competitive & Labor-Friendly E-Sports Industry, Andrew Ramstad

Brooklyn Journal of International Law

Despite humble beginnings, the advent of the modern internet has seen the explosion of e-sports into an industry commanding hundreds of millions of annual viewers and nearly a billion dollars in annual advertising revenue. Facilitating this expansion has been a shift from independently run competitive e-sports leagues to leagues created and operated by the developers of the league’s underlying game. This vertical integration by developers increases e-sports accessibility to viewers, but at the cost of decreased player bargaining power and professional flexibility. The integration further incentivizes ever-increasing working hours and self-destructive or rule-breaking behavior by players to stay competitive ...


Forum Selection Clauses, Non-Signatories, And Personal Jurisdiction, John F. Coyle, Robin J. Effron 2021 Reef C. Ivey II Distinguished Professor of Law, University of North Carolina at Chapel Hill

Forum Selection Clauses, Non-Signatories, And Personal Jurisdiction, John F. Coyle, Robin J. Effron

Notre Dame Law Review

Who is bound by a forum selection clause? At first glance, the answer to this question may seem obvious. It is black letter law that a person cannot be bound to an agreement without her consent. In recent years, however, courts have not followed this rule with respect to forum selection clauses. Instead, they routinely enforce these clauses against individuals who never signed the contract containing the clause. Courts justify this practice on the grounds that it promotes litigation efficiency by bringing all of the litigants together in the chosen forum. There are, however, problems with enforcing forum selection clauses ...


Hostile Restructurings, Diane L. Dick 2021 University of Washington School of Law

Hostile Restructurings, Diane L. Dick

Washington Law Review

The conventional wisdom holds that out-of-court loan restructurings are mostly consensual and collaborative. But this is no longer accurate. Highly aggressive, nonconsensual restructuring transactions—what I call “hostile restructurings”—are becoming a common feature of the capital markets. Relying on hypertechnical interpretations of loan agreements, one increasingly popular hostile restructuring method involves issuing new debt that enjoys higher priority than the existing debt; another involves transferring the most valuable collateral away from existing lenders to secure new borrowing.

These transactions are distinguishable from normal out-of-court restructurings by their use of coercive tactics to overcome not only the traditional minority lender ...


Touchdown St. Louis: A Recap Of The Nfl And Rams Lawsuit, Katie Hoffecker 2021 Saint Louis University School of Law

Touchdown St. Louis: A Recap Of The Nfl And Rams Lawsuit, Katie Hoffecker

SLU Law Journal Online

The Rams’ move to Los Angeles in 2016 brought about more than just hard feelings toward the National Football League and owner, Stan Kroenke—it resulted in a billion dollar lawsuit. In this article, Katie Hoffecker analyzes the past five years of the litigation proceedings as the case ultimately settles.


Business Information And Nondisclosure Agreements: A Public Policy Framework, Rex N. Alley 2021 Northwestern Pritzker School of Law

Business Information And Nondisclosure Agreements: A Public Policy Framework, Rex N. Alley

Northwestern University Law Review

Trade secret law, as codified in the Uniform Trade Secrets Act, gives businesses in nearly every U.S. jurisdiction a uniform, clearly defined right to protect secret and valuable business information from misappropriation. But how can businesses protect information that, while potentially useful, falls short of the legal definition of a trade secret? Businesses often require their employees to sign nondisclosure agreements (NDAs) to protect this category of information, which this Note refers to as “confidential business information” or “CBI.” These CBI NDAs are often drafted so broadly that, read literally, they would encompass every piece of information an employee ...


Class Arbitration Waivers Cannot Be Found Unconscionable: A Pervasive And Common "Mis-Concepcion", Emma Silberstein 2021 Northwestern Pritzker School of Law

Class Arbitration Waivers Cannot Be Found Unconscionable: A Pervasive And Common "Mis-Concepcion", Emma Silberstein

Northwestern University Law Review

In 1925, Congress enacted the Federal Arbitration Act (FAA) as a means of quelling judicial hostility towards arbitration agreements, providing a mechanism for the enforcement of such agreements. The Supreme Court’s treatment and application of the FAA has evolved over time, and in recent decades the FAA has been massively extended to cover not only arm’s-length commercial transactions, but consumer and employment contracts as well. The Supreme Court, its previous hostile stance long forgotten, has created a policy of favoring arbitration and striking down many an argument that may interfere with that policy. In particular, the Court solidified ...


Force Majeure, Vis Major, Impossibility, And Impracticability Under Ohio Law Before And After Covid-19, Laura Gates 2021 University of Cincinnati College of Law

Force Majeure, Vis Major, Impossibility, And Impracticability Under Ohio Law Before And After Covid-19, Laura Gates

University of Cincinnati Law Review

No abstract provided.


Ending The License To Exploit: Administrative Oversight Of Consumer Contracts, Yehuda Adar, Shmuel I. Becher 2021 University of Haifa

Ending The License To Exploit: Administrative Oversight Of Consumer Contracts, Yehuda Adar, Shmuel I. Becher

Boston College Law Review

Current approaches to consumer standard form contracts generally assume that aggrieved consumers can adequately detect and challenge exploitative terms and that vigilant courts can effectively scrutinize them. Some even believe that market forces and reputational constraints can deter firms from incorporating exploitative terms into their form contracts or dissuade them from actually relying on such terms. Criticizing these assumptions, this Article calls for a conceptual shift toward the problem of exploitative consumer contracts. This Article suggests supplementing the current means of addressing exploitation in consumer contracts with a dynamic preventive model of administrative oversight. Specifically, this Article proposes a professional ...


Creating Cryptolaw For The Uniform Commercial Code, Carla L. Reyes 2021 Southern Methodist University Dedman School of Law

Creating Cryptolaw For The Uniform Commercial Code, Carla L. Reyes

Washington and Lee Law Review

A contract generally only binds its parties. Security agreements, which create a security interest in specific personal property, stand out as a glaring exception to this rule. Under certain conditions, security interests not only bind the creditor and debtor, but also third-party creditors seeking to lend against the same collateral. To receive this extraordinary benefit, creditors must put the world on notice, usually by filing a financing statement with the state in which the debtor is located. Unfortunately, the Uniform Commercial Code (U.C.C.) Article 9 filing system fails to provide actual notice to interested parties and introduces risk ...


Adding Context And Constraint To Corpus Linguistics, Jeffrey W. Stempel 2021 Brooklyn Law School

Adding Context And Constraint To Corpus Linguistics, Jeffrey W. Stempel

Brooklyn Law Review

Corpus linguistics presents an exciting tool for improving interpretation of documentary language. But it would be a mistake to overvalue the tool or to use it as grounds for ejecting consideration of other data from the interpretative task. While properly operationalized corpus linguistics analysis represents an advancement over traditional textualism, it remains subject to the same problems that plague excessively rigid textualism that refuses to give consideration to contextual evidence of meaning. To be most effective in achieving accurate and just interpretative results, corpus linguistics, like traditional reading of documentary language, requires context. This includes not only the context of ...


An Uneven Playing Field: Remedying The Professional Sports Wage Gap By Revising The Equal Pay Act, Melissa C. Felcher 2021 Brooklyn Law School

An Uneven Playing Field: Remedying The Professional Sports Wage Gap By Revising The Equal Pay Act, Melissa C. Felcher

Brooklyn Law Review

Despite winning numerous World Cup championships and securing the title as the number one female soccer team in the world, the United States Women’s National Team (USWNT) has taken the silver medal to its male counterpart, the United States Men’s National Team (USMNT), in one specific area: compensation. In an effort to level the playing field, the USWNT recently filed a lawsuit under the Equal Pay Act (EPA) against its single common employer, United States Soccer Federation (USSF), which owns both the USWNT and the USMNT. At first blush, it might be hard to reconcile this phenomenon. However ...


Contract Fixer Upper: Addressing The Inadequacy Of The Force Majeure Doctrine In Providing Relief For Nonperformance In The Wake Of The Covid-19 Pandemic, Amy Sparrow Phelps 2021 Villanova University Charles Widger School of Law

Contract Fixer Upper: Addressing The Inadequacy Of The Force Majeure Doctrine In Providing Relief For Nonperformance In The Wake Of The Covid-19 Pandemic, Amy Sparrow Phelps

Villanova Law Review

No abstract provided.


Risky Fine Print: A Novel Typology Of Ethical Risks In Mobile App User Agreements, Bar Fargon Mizrahi 2021 Villanova University Charles Widger School of Law

Risky Fine Print: A Novel Typology Of Ethical Risks In Mobile App User Agreements, Bar Fargon Mizrahi

Villanova Law Review

No abstract provided.


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