To Skin A Cat: Qui Tam Actions As A State Legislative Response To Concepcion, 2013 Stanford Law School
To Skin A Cat: Qui Tam Actions As A State Legislative Response To Concepcion, Janet Cooper Alexander
University of Michigan Journal of Law Reform
The Supreme Court's decision in Concepcion is widely regarded as heralding the demise of small-claims class actions whenever contracts of adhesion are involved in the transaction-which means for virtually all consumer and employment claims. Amending the Federal Arbitration Act to overturn Concepcion would be a relatively simple exercise in legislative drafting, but in the current political climate such efforts are unlikely to succeed. Thus far, proposed federal corrective legislation has failed to pass, and federal agency regulation of class waivers has been lacking. State legislatures might have the political ability to pass corrective legislation, but virtually all state limitations on …
Brevi Note Sulle Eccezioni D'Incompetenza Sollevate Nel Corso Dell'arbitrato, 2013 SelectedWorks
Brevi Note Sulle Eccezioni D'Incompetenza Sollevate Nel Corso Dell'arbitrato, Valerio Sangiovanni
Valerio Sangiovanni
No abstract provided.
The Majority Approach To Arbitration Waiver: A Workable Test Or A License For Litigants To Play Games With The Courts?, 2013 University of New Hampshire School of Law
The Majority Approach To Arbitration Waiver: A Workable Test Or A License For Litigants To Play Games With The Courts?, James Savage
The University of New Hampshire Law Review
[Excerpt] “The freedom of parties to agree to arbitrate their disputes is enshrined by contract law and federal law. By inserting a mandatory arbitration clause in a contract, both parties agree that, should a dispute arise between them, they will not bring the matter to court. Instead, they agree to submit any disputes to a mutually-agreed-to third party, such as the American Arbitration Association; this third-party acts like a judge and resolves the dispute. Arbitration has many advantages, such as reducing the cost and increasing the efficiency of dispute resolution. Because of these reduced costs and greater efficiency, businesses can …
Concepcion's Pro-Defendant Biasing Of The Arbitration Process: The Class Counsel Solution, 2013 Harvard Law School
Concepcion's Pro-Defendant Biasing Of The Arbitration Process: The Class Counsel Solution, David Korn, David Rosenberg
University of Michigan Journal of Law Reform
By mandating that numerous plaintiffs litigate their common question claims separately in individual arbitrations rather than jointly in class action arbitrations, the Supreme Court in AT&T Mobility LLC v. Concepcion entrenched a potent structural and systemic bias in favor of defendants. The bias arises from the parties' divergent stakes in the outcome of the common question litigation in individual arbitrations: each plaintiff will only invest to maximize the value of his or her own claim, but the defendant has an incentive to protect its entire exposure and thus will have a classwide incentive to invest more in contesting common questions. …
Cle Lecture On Negotiation, 2013 Texas A&M University School of Law
Arbitration Case Law Update 2013, 2013 Pace Law School
Arbitration Case Law Update 2013, Jill I. Gross
Elisabeth Haub School of Law Faculty Publications
The U.S. Supreme Court and lower state and federal courts continue to decide cases under the Federal Arbitration Act (FAA) at an astounding rate. This chapter summarizes Supreme Court opinions over the past year that interpret the FAA, as well as selected lower court decisions that apply the FAA and could have an impact on securities arbitration practice.
¿Por Qué Herminio Blanco?, 2013 Universidad Iberoamericana - Mexico
¿Por Qué Herminio Blanco?, Alejandro Faya Rodriguez
Alejandro Faya Rodriguez
No abstract provided.
Repsol, Ypf, And Argentina: A Hypothetical Look At The Pending Icsid Arbitration Over Ypf, 2013 Fordham University
Repsol, Ypf, And Argentina: A Hypothetical Look At The Pending Icsid Arbitration Over Ypf, Stephen Pelliccia
Stephen Pelliccia
In this paper I will discuss the 2012 expropriation of the Repsol subsidiary, YPF S.A., by the Argentine government and the upcoming ICSID arbitration on the legality thereof. Taking in to account basic tenets of international arbitration law, bilateral investment treaties, and ICSID jurisprudence, I will put forward some of the principal arguments of both parties could make and discuss a likely decision by the ICSID Tribunal. In addition to the ICSID award I will also discuss the difficulties of enforcing ICSID and other arbitral awards against Argentina and will discuss Latin American attitudes towards ICSID in general. Keeping in …
Summary Of Sylver V. Regents Bank, N.A., 129 Nev. Adv. Op. 30, 2013 Nevada Law Journal
Summary Of Sylver V. Regents Bank, N.A., 129 Nev. Adv. Op. 30, Kelli Michelle Devaney
Nevada Supreme Court Summaries
Consolidated appeals from a district court order confirming an arbitration award and an amended judgment and order of sale, in which the Court considered two issues: (1) whether an arbitration awards was obtained through undue means and (2) whether the arbitrator’s refusal to void a loan in the underlying dispute constituted a manifest disregard for the law.
Employment Arbitration: Empirical Findings And Research Needs, 2013 Cornell University
Employment Arbitration: Empirical Findings And Research Needs, Alexander Colvin
Alexander Colvin
[Excerpt] There is vociferous opposition to employers forcing pre-dispute arbitration agreements on employees. Critics argue that employees are not voluntary participants in the process, which they say unfairly favors employers. Advocates of mandatory arbitration dispute these charges and argue that arbitration offers employees and employers significant advantages over litigation. For example, they argue, among other things, that that litigation is not as accessible as arbitration because lawyers will not take low value employment cases on a contingency basis.
Critics of mandatory employment arbitration have moved the debate into the legislative arena. Bills have been introduced in state legislatures and in …
Participation Versus Procedures In Non-Union Dispute Resolution, 2013 Cornell University
Participation Versus Procedures In Non-Union Dispute Resolution, Alexander Colvin
Alexander Colvin
This study examines the resolution of conflict in non-union workplaces. Employee participation in workplace decision making and organizational dispute resolution procedures are two factors hypothesized to influence the outcomes of conflicts in the non-union workplace. The adoption of high involvement work systems is found to produce an organizational context in which both triggering events for conflict, such as disciplinary and dismissal decisions, and dispute resolution activities, such as grievance filing and appeals, are reduced in frequency. Dispute resolution procedures have mixed impacts. Greater due process protections in dispute resolution procedures in non-union workplaces are associated with increased grievance filing and …
The Emerging Anglo-American Model: Convergence In Industrial Relations Institutions?, 2013 Cornell University
The Emerging Anglo-American Model: Convergence In Industrial Relations Institutions?, Alexander Colvin, Owen R. Darbishire
Alexander Colvin
The Thatcher and Reagan administrations led a shift towards more market oriented regulation of economies in the Anglo-American countries, including efforts to reduce the power of organized labor. In this paper, we examine the development of employment and labor law in six Anglo-American countries (the U.S., Canada, the U.K., Ireland, Australia, and New Zealand) from the Thatcher/Reagan era to the present. At the outset of the Thatcher/Reagan era, the employment and labor law systems in these countries could be divided into three pairings: the Wagner Act model based industrial relations systems of the United States and Canada; the voluntarist system …
American Workplace Dispute Resolution In The Individual Rights Era, 2013 Cornell University
American Workplace Dispute Resolution In The Individual Rights Era, Alexander Colvin
Alexander Colvin
This article presents a theoretical conceptualization of the rise of alternative dispute resolution and its impact on American employment relations in the individual rights era. The idea of an industrial relations system advanced by Dunlop is no longer a plausible general approach for understanding American employment relations given the decline of organized labor. This article examines the question of whether a new individual employment rights-based system of employment relations has replaced it. The old New Deal industrial relations system was based on three pillars: labor contracts that provided a web of rules governing the workplace; economic strikes, actual or threatened, …
Investor-State Contracts, Host-State “Commitments” And The Myth Of Stability In International Law, 2013 Columbia Law School, Columbia Center on Sustainable Investment
Investor-State Contracts, Host-State “Commitments” And The Myth Of Stability In International Law, Lise Johnson, Oleksandr Volkov
Columbia Center on Sustainable Investment Staff Publications
A new de facto rule has emerged in international investment law that emphasizes and prioritizes investment stability, imposing liability on host governments for a wide range of public interest measures deemed to interfere with “commitments” given to foreign investors by host governments. The arbitral decisions from which this new rule has emanated in treaty-based investment disputes resolve types of claims that have long been familiar to domestic jurisdictions. Yet, as this article uncovers through a comparative law analysis of factually similar cases decided under United States law over roughly the past 200 years, the approaches taken and pronouncements issued by …
Stop! In The Name Of Ethics, Before You Break My Bank Account: The "Conflicting" Rights Guaranteed To Parties In International Arbitration By Hrvatska V. Slovenia And Rompetrol V. Romania, And Their Potential As Tactical Weapons, 2013 University of Miami Law School
Stop! In The Name Of Ethics, Before You Break My Bank Account: The "Conflicting" Rights Guaranteed To Parties In International Arbitration By Hrvatska V. Slovenia And Rompetrol V. Romania, And Their Potential As Tactical Weapons, Misbah Farid
University of Miami International and Comparative Law Review
International arbitration offers many rights, such as the right to counsel of choice and the right to an independent and impartial arbitration panel and proceeding. However, these guarantees, while they ensure the rights of parties and allow international arbitration to be a viable dispute resolution forum, can also be used as weapons. The viability of these rights as weapons is what reconciles the seemingly conflicting cases of Hrvatska v. Slovenia and Rompetrol v. Romania. Hrvatska sets forth an arbitration tribunal's inherent right to ensure and regulate the proceedings so as to guarantee the rights offered by international arbitration, while …
India International Adr Association Off To An Exciting Start, 2013 Singapore Management University
India International Adr Association Off To An Exciting Start, Nadja Alexander
Research Collection Yong Pung How School Of Law
In this post on the Kluwer Mediation Blog, the launch of the India International ADR Association (IIADRA) is analysed.
Adequately Representing Groups, 2013 University of Georgia School of Law
Adequately Representing Groups, Elizabeth Chamblee Burch
Scholarly Works
Adequate representation and preclusion depend on whether the courts treat a litigant as part of a group experiencing an aggregate harm or as a distinct person suffering individual injuries. And though a vast literature about adequate representation exists in the class-action context, it thins dramatically when contemplating other forms of group litigation, such as parens patriae actions and multidistrict litigation. As class actions have gradually fallen into disfavor and attorneys and commentators seek alternative means for resolving group harms, the relative clarity of Rule 23 wanes. How should courts evaluate adequate representation in parens patriae actions and in multidistrict litigation? …
Adapting Alternate Dispute Resolution For Use In Administrative Proceedings, 2013 Pepperdine University
Adapting Alternate Dispute Resolution For Use In Administrative Proceedings, Victor Lawrence
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Critical Review On Indonesia's Drawbacks As A Preferable Seat Of Arbitration, 2013 Faculty of Law Universitas Indonesia
Critical Review On Indonesia's Drawbacks As A Preferable Seat Of Arbitration, Setyawati Setyawati
Indonesia Law Review
Indonesia as a developing country is in the urgent need to improve its arbitration law and practice. One of the reasons is because Indonesia may gain many advantages by such improvement, such as: increase of its international reputation as a safe place to invest or conduct trading since there is an assurance that future disputes may be promptly solved through arbitration. One way to improve Indonesia arbitration practice is by creating the jurisdiction as a friendly place to arbitrate, which firstly shall be analysed by reviewing its drawbacks as a preferable seat of arbitration, specifically on the procedure to enforce …
Model Standards Of Conduct For Mediators, 2013 Pepperdine University
Model Standards Of Conduct For Mediators, American Arbitration Association
Journal of the National Association of Administrative Law Judiciary
No abstract provided.