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Dispute Resolution and Arbitration Commons

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Challenging Arbitration Awards In Common Law England.Pdf, Mohamed Raffa Dr 2010 University of East London

Challenging Arbitration Awards In Common Law England.Pdf, Mohamed Raffa Dr

Mohamed Raffa

In choosing to submit contractual disputes to arbitration rather than litigation decided by courts, the main consideration in the minds of the parties to almost any agreement is the finality of arbitration awards where traditionally it has offered the chance to resolve disputed issues with much less expense and faster than normal courts with the advantage of the award being voluntarily ‘binding and final’, in most cases.
But in reality, it is very likely that some losing parties will feel that the award was not justly rendered or that there are potential valid grounds for them to challenge.
 
Challenging the ...


Summary Of Polk V. Nevada, 126 Nev. Adv. Op. No. 19, John L. Ward 2010 Nevada Law Journal

Summary Of Polk V. Nevada, 126 Nev. Adv. Op. No. 19, John L. Ward

Nevada Supreme Court Summaries

No abstract provided.


Punitive Damages In Securities Arbitration: An Empirical Study, Stephen Choi, Theodore Eisenberg 2010 New York University Law School

Punitive Damages In Securities Arbitration: An Empirical Study, Stephen Choi, Theodore Eisenberg

Cornell Law Faculty Publications

This article provides the first empirical analysis of punitive damages in securities arbitrations. Using a data set of over 6,800 securities arbitration awards, we find that claimants prevailed in 48.9 percent of arbitrations and that 9.1 percent of those claimant victories included a punitive damages award. The existence of a punitive damages award was associated with claims that suggested egregious misbehavior and with claims that provided higher compensatory awards. The pattern of punitive awards is more consistent with a traditional view of punitive damages that incorporates a retributive component than with a law and economics emphasis on ...


La Globalización De La Legislación Cambiaria, Bruno Costantini García 2010 ITESM Campus Puebla

La Globalización De La Legislación Cambiaria, Bruno Costantini García

Bruno L. Costantini García

No abstract provided.


Special Issue On Digital Divide (Two Issues), Subhajit Basu 2010 University of Leeds

Special Issue On Digital Divide (Two Issues), Subhajit Basu

Subhajit Basu

Despite of unprecedented increase in the overall opulence, the contemporary world denies elementary freedoms to vast numbers—perhaps even the majority— of people. The important issue here is technological progress. Technology’s influential relationship with society arguably reaches back to the beginning of human history. Concerning the history of technology, a number of authors believe that the development of human organization from the Eolithic Age to the Information Age is directly related to the development of technology. As human dependency on technology has evolved, so have attitudes toward technology. In modern times, technology has tacitly been connected to the notion ...


Derecho Y Literatura, Jose R. Nina 2010 Major National University of San Marcos,Dean of the Americas.

Derecho Y Literatura, Jose R. Nina

Jose R. Nina Cuentas

Anotaciones sobre el significado de la creatividad literaria en el estudio y la aplicación del Derecho


The Ongoing Role Of Alternative Dispute Resolution In Federal Government Litigation, Peter R. Steenland, Jr., Peter A. Appel 2010 U.S. Dept. of Justice

The Ongoing Role Of Alternative Dispute Resolution In Federal Government Litigation, Peter R. Steenland, Jr., Peter A. Appel

Peter A. Appel

This essay demonstrates that within appropriate guidelines, ADR has an important and growing role in the conduct of government litigation. To the extent that ADR can help the government save resources, this alone is of considerable public interest. More importantly ADR can help the government settle entire disputes rather than those pieces of disputes that become litigation events. ADR also involves the parties more directly in shaping the resolution of a dispute, and can often provide a result that is beyond the capacity of a court to provide. Because of the direct participation by the parties in mediation processes, ADR ...


Unionization Of Professional And Technical Workers: The Labor Market And Institutional Transformation, Richard W. Hurd, John Bunge 2010 Cornell University

Unionization Of Professional And Technical Workers: The Labor Market And Institutional Transformation, Richard W. Hurd, John Bunge

Richard W Hurd

[Excerpt] Established institutions that serve the interests of white-collar workers find themselves at a critical juncture. On the one hand they can foresee the potential to augment membership and influence. On the other hand, they confront the reality of reconfigured labor markets. Growth (and indeed survival) is contingent upon being able to adapt to the changing needs and interests of professional and technical workers. The combination of technological advances and alterations in the functioning of white-collar markets suggests strategic reconceptualization and institutional transformation. This chapter explores the attitudes of professional and technical workers toward their jobs and labor market organizations ...


Summary Of In Re Sandoval, 126 Nev. Adv. Op. No. 15, Amy Kominsky 2010 Nevada Law Journal

Summary Of In Re Sandoval, 126 Nev. Adv. Op. No. 15, Amy Kominsky

Nevada Supreme Court Summaries

This case is a certified question that originates from the United States Bankruptcy Court for the District of Nevada to determine whether a default judgment entered for failure to respond to a valid complaint has issue preclusive effects.


Collective Bargaining In The Era Of Grocery Industry Restructuring, Richard W. Hurd 2010 Cornell University

Collective Bargaining In The Era Of Grocery Industry Restructuring, Richard W. Hurd

Richard W Hurd

[Excerpt] As UFCW international and local leaders know from first hand experience, there have been dramatic changes in the retail grocery industry over the past 15 years. Of most direct relevance to the collective bargaining environment, the absolute size of key corporations has increased and economic power in the industry has become more concentrated. Influenced by the spread of Wal-Mart's grocery operations, established companies like Kroger, Safeway, Supervalu, and Loblaw have pursued aggressive merger and market expansion strategies. Further complicating the situation has been the success of other alternative format grocers (such as Costco, Trader Joe's, Whole Foods ...


Organizing To Win: Introduction, Kate Bronfenbrenner, Sheldon Friedman, Richard W. Hurd, Rudolph A. Oswald, Ronald L. Seeber 2010 Cornell University

Organizing To Win: Introduction, Kate Bronfenbrenner, Sheldon Friedman, Richard W. Hurd, Rudolph A. Oswald, Ronald L. Seeber

Richard W Hurd

[Excerpt] The American labor movement is at a watershed. For the first time since the early years of industrial unionism sixty years ago, there is near-universal agreement among union leaders that the future of the movement depends on massive new organizing. In October 1995, John Sweeney, Richard Trumka, and Linda Chavez-Thompson were swept into the top offices of the AFL-CIO, following a campaign that promised organizing "at an unprecedented pace and scale." Since taking office, the new AFL-CIO leadership team has created a separate organizing department and has committed $20 million to support coordinated large-scale industry-based organizing drives. In addition ...


The Failure Of Organizing, The New Unity Partnership And The Future Of The Labor Movement, Richard W. Hurd 2010 Cornell University

The Failure Of Organizing, The New Unity Partnership And The Future Of The Labor Movement, Richard W. Hurd

Richard W Hurd

[Excerpt] The New Unity Partnership (NUP) has stirred up a firestorm of controversy in union circles. Its inception can be traced to the July 4th holiday in 2003 when five national union presidents gathered for a candid private discussion about the future of the labor movement. The motivation for the summit was concern about the collective inability of unions to reverse their fading fortunes. At this and subsequent meetings the unions considered structural and strategic options to promote union growth, ultimately committing to a form of mutual aid pact to pool resources for coordinated organizing initiatives and to support each ...


Contesting The Dinosaur Image: The Labor Movement’S Search For A Future, Richard W. Hurd 2010 Cornell University

Contesting The Dinosaur Image: The Labor Movement’S Search For A Future, Richard W. Hurd

Richard W Hurd

[Excerpt] But the increased effectiveness of labor's political activities has not resulted in major improvements legislatively, and now there is a hostile President who opposes nearly every aspect of the union policy agenda. The promise for the future lies in the demonstrated ability to mobilize at the grassroots. But there are recent signs that national unions are breaking ranks and pursuing narrow self interest. The USWA joined with the steel industry to persuade the Bush administration to restrict imports, and even hinted at a possible endorsement for his reelection in 2004 (Murray). The UMWA has praised the president's ...


Arbitration Clauses In Ceo Employment Contracts: An Empirical And Theoretical Analysis, Erin O'Hara O'Connor, Kenneth Martin, Randall Thomas 2010 Florida State University College of Law

Arbitration Clauses In Ceo Employment Contracts: An Empirical And Theoretical Analysis, Erin O'Hara O'Connor, Kenneth Martin, Randall Thomas

Scholarly Publications

A bill currently pending in Congress would render unenforceable mandatory arbitration clauses in all employment contracts. Some perceive these provisions as employer efforts to deprive employees of important legal rights. Company CEOs are firm employees, and, unlike most other firm employees, they can actually negotiate their employment contracts, very often with attorney assistance. Moreover, many CEO employment contracts are publicly available, so they can be examined empirically. In this paper, we ask whether CEOs bargain to include binding arbitration provisions in their employment contracts. After exploring the theoretical arguments for and against including such provisions in these agreements, we use ...


The Conflict Over Conflict Management, David B. Lipsky, Ariel C. Avgar 2010 Cornell University

The Conflict Over Conflict Management, David B. Lipsky, Ariel C. Avgar

Articles and Chapters

[Excerpt] In this article we look at the traditional approach to workplace conflict, the evolution of conflict management, criticism of this process by progressive and traditional critics, and then consider whether they can be reconciled by taking what we call a strategic view of conflict management in the workplace. This view calls for an alignment between the goals of the conflict management system and the overarching nature of the organization in which that system is implemented. The management of conflict, according to this approach, should complement the organization’s strategic posture and existing structures. We maintain that the level of ...


Diseño Institucional De Órganos Reguladores En México, Alejandro Faya Rodriguez 2010 Universidad Iberoamericana - Mexico

Diseño Institucional De Órganos Reguladores En México, Alejandro Faya Rodriguez

Alejandro Faya Rodriguez

No abstract provided.


Protección De Datos Personales, Bruno Costantini García, Norma Pimentel Méndez 2010 ITESM Campus Puebla

Protección De Datos Personales, Bruno Costantini García, Norma Pimentel Méndez

Bruno L. Costantini García

Introducción a la regulación de la protección de datos personales en México.


Matching Disputes And Responses: How To Diagnose Causes Of Conflict, And To Respond With Appropriate Interventions And/Or Referrals, John Wade 2010 Bond University

Matching Disputes And Responses: How To Diagnose Causes Of Conflict, And To Respond With Appropriate Interventions And/Or Referrals, John Wade

Law Faculty Publications

This short paper will address three broad topics from an Australian perspective. Parts of this paper will be relevant to Canada and to other countries. First, where is the pressure coming from for dispute resolution professionals to improve the diagnosis of causes of conflict; and to improve the choice of intervention and/or referral to other skilled helpers?

Secondly, what diagnostic dispute resolution services (problem defining) are currently “available”? What methods are used to make an initial diagnosis of causes of a conflict, and appropriate possible “interventions”?

Thirdly, what dispute resolution assistance (problem solving) is “available” in each area of ...


What Do Clients Of Mediators "Want"?, John Wade 2010 Bond University

What Do Clients Of Mediators "Want"?, John Wade

Law Faculty Publications

Extract:

This title reflects a familiar marketing and ethical question for all service providers – what do clients of plumbers/doctors/psychologists/builders/lawyers etc want?
Predictably, the answers given by anecdote, “theory” and more systematic research are complicated and conflicting. There is a simple answer to every complex question, and it is wrong.
There are three elements in the question – what do the (1) clients of (2) mediators (3) want?


What Do Clients Of Mediators "Want"?, John Wade 2010 Bond University

What Do Clients Of Mediators "Want"?, John Wade

John Wade

Extract: This title reflects a familiar marketing and ethical question for all service providers – what do clients of plumbers/doctors/psychologists/builders/lawyers etc want? Predictably, the answers given by anecdote, “theory” and more systematic research are complicated and conflicting. There is a simple answer to every complex question, and it is wrong. There are three elements in the question – what do the (1) clients of (2) mediators (3) want?


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