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Case Of Interest Regarding The United States Supreme Court Upholding A Contractual Waiver Of Class Arbitration, William P. Huttenbach Jan 2013

Case Of Interest Regarding The United States Supreme Court Upholding A Contractual Waiver Of Class Arbitration, William P. Huttenbach

William P. Huttenbach

Recent case you might find of interest regarding the United States Supreme Court upholding a contractual waiver of class arbitration. This case involves merchants filing a class action antitrust suit against American Express. See American Express Co. v. Italian Colors Restaurant, 133 S.Ct. 2304 (2013). Respondents are merchants who accepted American Express cards. The contract between parties contained a clause that required all disputes between said parties to be resolved by arbitration and that no claims could be arbitrated on a class action basis. Respondents brought a class action suit against Petitioners for violation of the federal antitrust laws due …


The Alternative Forms Of Dispute Settlement And The Essential Difference Between These And Arbitration, Michael Diathesopoulos Mar 2012

The Alternative Forms Of Dispute Settlement And The Essential Difference Between These And Arbitration, Michael Diathesopoulos

Michael Diathesopoulos

The paper examines the characteristics of some common alternative forms of dispute settlement and their key differences from arbitration regarding their nature and scope. Its purpose is to explore each mechanism's suitability for specific types of disputes.


Implementation Of The United Nations Convention On Contracts For The International Sale Of Goods (Cisg) Under Shari’A (Islamic Law): Will Article 78 Of The Cisg Be Enforced When The Forum Is An Islamic State?, Ty Twibell Dec 1996

Implementation Of The United Nations Convention On Contracts For The International Sale Of Goods (Cisg) Under Shari’A (Islamic Law): Will Article 78 Of The Cisg Be Enforced When The Forum Is An Islamic State?, Ty Twibell

Ty Twibell

This article addresses the potential implications of CISG implementation in Islamic forums. Article 78 provides the focal point for this analysis because it awards parties interest in damages whereas Islamic law, or al Shari'a, explicitly forbids interest. Although this article discusses Shari'a on a micro-level as it analyzes the particular issue of interest, Article 78, and the immediate reality of western lawyers more frequently coming into contact with Islamic forums, it also brings to the surface the macro-concern of alleviating misunderstandings between the Western and the Arab Worlds in the process. The study of Shari'a's impact on CISG implementation is …