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Dispute Resolution and Arbitration Commons

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The Psychology Of Conflict: Mediating In A Diverse World, Samantha Skabelund 2017 Penn State Law

The Psychology Of Conflict: Mediating In A Diverse World, Samantha Skabelund

Arbitration Law Review

No abstract provided.


Egyptian Confidential: An Analysis Of Confidentiality In The Egyptian Arbitration System, Kayla Snowberger 2017 Penn State Law

Egyptian Confidential: An Analysis Of Confidentiality In The Egyptian Arbitration System, Kayla Snowberger

Arbitration Law Review

No abstract provided.


Doscher: The Second Circuit Frees Itself From Its Prior Look Through Approach, Fueling A Circuit Split, Peter Nelson 2017 Penn State Law

Doscher: The Second Circuit Frees Itself From Its Prior Look Through Approach, Fueling A Circuit Split, Peter Nelson

Arbitration Law Review

No abstract provided.


Bolstering The Foundation Of Fundamental Fairness: The Ninth Circuit Declares Equitable Tolling Now Applies To The Federal Arbitration Act, Matthew E. Selmasska 2017 Penn State Law

Bolstering The Foundation Of Fundamental Fairness: The Ninth Circuit Declares Equitable Tolling Now Applies To The Federal Arbitration Act, Matthew E. Selmasska

Arbitration Law Review

No abstract provided.


The Iran-United States Claims Tribunal: The Effect Of Future Awards On International Terrorism, Casey J. College 2017 Penn State Law

The Iran-United States Claims Tribunal: The Effect Of Future Awards On International Terrorism, Casey J. College

Arbitration Law Review

No abstract provided.


Patent Arbitration: The Underutilized Process For Resolving International Patent Disputes In The Pharmaceutical And Biotechnology Industries, Alessandra Emini 2017 Penn State Law

Patent Arbitration: The Underutilized Process For Resolving International Patent Disputes In The Pharmaceutical And Biotechnology Industries, Alessandra Emini

Arbitration Law Review

No abstract provided.


Cover Image, 2017 Penn State Law

Cover Image

Arbitration Law Review

No abstract provided.


Trumping The Ninth Circuit: How The 45th President’S Supreme Court Appointments Will Strengthen The Already Strong Federal Policy Favoring Arbitration, Eric Schleich 2017 Penn State Law

Trumping The Ninth Circuit: How The 45th President’S Supreme Court Appointments Will Strengthen The Already Strong Federal Policy Favoring Arbitration, Eric Schleich

Arbitration Law Review

No abstract provided.


Masthead, 2017 Penn State Law

Masthead

Arbitration Law Review

No abstract provided.


Dedication, 2017 Penn State Law

Dedication

Arbitration Law Review

No abstract provided.


Dispute Resolution Centre Newsletter, August 2017, 2017 Bond University

Dispute Resolution Centre Newsletter, August 2017

Dispute Resolution Centre Newsletter

Welcome to the third Newsletter of 2017 for the Dispute Resolution Centre. We hope you enjoy meeting our DRC member, trainer and coach Bobbi Reilly. This newsletter provides some information about our new Family Dispute Resolution Clinic and also about a special edition of the Bond Law Review publishing papers from the 2016 National Mediation Conference.


Lessons For The Usa From The Hague Principles, Linda J. Silberman 2017 New York University School of Law

Lessons For The Usa From The Hague Principles, Linda J. Silberman

New York University Public Law and Legal Theory Working Papers

In this article, Professor Silberman offers a review of US choice of law approaches that address party autonomy in international commercial contracts. She explains that choice of law rules in the United States are the province of state, not federal law, and to that end gives examples from two states that have codified choice of law and identifies several states that have an absolute autonomy rule for situations when the parties choose forum law. However, the focus is on the provision in the Restatement (Second) of Conflict of Laws dealing with party autonomy in contracts because most states in the ...


Forum-Selection Provisions In Corporate “Contracts”, Marcel Kahan, Helen Hershkoff 2017 New York University School of Law

Forum-Selection Provisions In Corporate “Contracts”, Marcel Kahan, Helen Hershkoff

New York University Law and Economics Working Papers

We consider the emergent practice of including clauses in corporate certificates of incorporation or bylaws that specify an exclusive legal forum for lawsuits. According to their proponents and most courts that have considered the question, such forum-terms are, and should be, enforceable as contractual choice-of-forum provisions. We argue that treating corporate charter and bylaw forum-terms as a matter of ordinary contact doctrine is neither logical nor justified. Because charters and bylaws involve the state in ways that are at odds with private-ordering principles and because they entail only a limited form of “consent,” an analysis of enforceability must account for ...


Newsroom: Rwu Law Welcomes New Director Of Business Law Programs And The Corporate Counsel Externship Program July 19, 2017, Roger Williams University School of Law 2017 Roger Williams University

Newsroom: Rwu Law Welcomes New Director Of Business Law Programs And The Corporate Counsel Externship Program July 19, 2017, Roger Williams University School Of Law

Life of the Law School (1993- )

New


Mlb Calendar 2017-2018, Edmund P. Edmonds 2017 Notre Dame Law School

Mlb Calendar 2017-2018, Edmund P. Edmonds

MLB Calendars

No abstract provided.


Realizing The Gap Between Rationality And Information, Elayne E. Greenberg 2017 St. John's Law School

Realizing The Gap Between Rationality And Information, Elayne E. Greenberg

Washington and Lee Law Review Online

The Online Journal requested that I evaluate Professor Strong’s empirical research, “Realizing Rationality: An Empirical Assessment of International Commercial Mediation,” reported in 23 Wash. & Lee. L. Rev. 1973 (2016). The purpose of Professor Strong’s research is to help “fill the informational gap” about international commercial mediation for the United Nations Commission on International Trade (hereinafter UNICITRAL) Working Group II (Arbitration and Conciliation) so that the Working Group could better assess whether, in fact, there is a need for a new UNCITRAL instrument to enforce global commercial mediation agreements. Professor Strong’s research offers insightful nuggets about international commercial ...


El Poder Oculto De La Prueba Ilícita: ¿Qué Pueden Decirnos La Economía Y La Psicología?, Eduardo Iñiguez, Raúl Feijoo 2017 Selected Works

El Poder Oculto De La Prueba Ilícita: ¿Qué Pueden Decirnos La Economía Y La Psicología?, Eduardo Iñiguez, Raúl Feijoo

Eduardo Iñiguez

En el presente artículo, los autores evalúan los efectos económicos y psicológicos de la “prueba ilícita” en el Perú. 


Some Reflections On The Willem C Vis And Vis East International Commercial Arbitration Moots: Negotiating And Bridging The Civil-Common Divide, Siyuan CHEN, Ruiyi CHAN, Yiling LI 2017 Singapore Management University

Some Reflections On The Willem C Vis And Vis East International Commercial Arbitration Moots: Negotiating And Bridging The Civil-Common Divide, Siyuan Chen, Ruiyi Chan, Yiling Li

Research Collection School Of Law

This article draws from the co-authors’ personal experiences of competing in the Willem C. Vis and Vis East International Commercial Arbitration Moots and highlights the importance of awareness of diversity in legal traditions. The article focuses on points of divergence between the civil and common law jurisdictions in three main aspects: substantive law, procedural rules and advocacy techniques. Specifically, the article discusses the doctrine of good faith in the United Nations Convention on Contracts for the International Sale of Goods, the group of companies doctrine, and the concept of discovery and disclosure in the International Bar Association Rules on the ...


Legal Barriers To Supply Chain Connectivity In Asean, Locknie HSU 2017 Singapore Management University

Legal Barriers To Supply Chain Connectivity In Asean, Locknie Hsu

Research Collection School Of Law

This is an Interim Report published pursuant to a Tier 1 research grant from SMU, examining legal barriers to doing business in ASEAN countries. The Interim Report presents research material and findings on such barriers and a number of actionable preliminary recommendations for policy-makers to consider and utilise. The main areas of barriers examined are corporate, trade, investment, land use, dispute settlement and legal information barriers encountered in the region. The Final Report is expected to be published in March 2018.


Washoe Cty. Sch. Dist. V. White, 133 Nev. Adv. Op. 43 (June 29, 2017), Margarita Elias 2017 Nevada Law Journal

Washoe Cty. Sch. Dist. V. White, 133 Nev. Adv. Op. 43 (June 29, 2017), Margarita Elias

Nevada Supreme Court Summaries

Kara White (“White”) was terminated from her role as elementary school principal after the school district’s decision to terminate her was affirmed in an arbitration hearing. White filed a motion to vacate the award in district court. The district court granted White’s motion, holding that (1) the arbitrator exceeded his authority, (2) the arbitrator manifestly disregarded NRS 391.3116, and (3) the award was arbitrary and capricious. The school district appealed to the Supreme Court of Nevada, which reversed the district court’s ruling.


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