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Articles 61 - 83 of 83
Full-Text Articles in Law
Sailing Around Erie:The Emergence Of A Federal General Common Law Of Arbitration, Kenneth Dunham
Sailing Around Erie:The Emergence Of A Federal General Common Law Of Arbitration, Kenneth Dunham
ExpressO
This paper traces the history of American arbitration from the common law to the FAA. It discusses the FAA as a procedural act prior to Southland v. Keating and as a substantive law act following Southland. It discusses the Erie doctrine as applicable to federal courts and state law preemption. The article concludes that Southland by-passed Erie using the Commerce Clause and the Supremacy Clause to create a federal common law of arbitration.
Party Autonomy In Choice Of Commercial Law: The Failure Of Revised U.C.C. § 1-301 And A Proposal For Broader Reform, Jack M. Graves
Party Autonomy In Choice Of Commercial Law: The Failure Of Revised U.C.C. § 1-301 And A Proposal For Broader Reform, Jack M. Graves
Scholarly Works
No abstract provided.
The Culture Of Arbitration, Tom Ginsburg
The Culture Of Arbitration, Tom Ginsburg
Vanderbilt Journal of Transnational Law
The relationship between "legal culture" and the practice of international arbitration has received increasing attention in recent years. Many see arbitration as a meeting point for different legal cultures, a place of convergence and interchange wherein practitioners from different backgrounds create new practices. Some have suggested that this process has led to an emergent "international arbitration culture" fusing together elements of the common law and civil law traditions. Others see arbitration as a locus of conflict among traditions or as competition among various players.
This comment contests the view that the current state of convergence in arbitration is properly considered …
Default Rules In Sales And The Myth Of Contracting Out, James J. White
Default Rules In Sales And The Myth Of Contracting Out, James J. White
Articles
In this article, I trace the dispute in the courts and before the ALI and NCCUSL over the proper contract formation and interpretation default rules. In Part II, I consider the Gateway litigation. In Part III, I deal with UCITA and the revision to Article 2. In Part IV, I consider the merits of the competing default rules.
The Settlement Of Investment Disputes Between States And Private Parties - An Overview From The Perspective Of The Icc, Horacio A. Grigera Naón
The Settlement Of Investment Disputes Between States And Private Parties - An Overview From The Perspective Of The Icc, Horacio A. Grigera Naón
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Awarding Costs And Attorneys' Fees In International Commercial Arbitrations, John Yukio Gotanda
Awarding Costs And Attorneys' Fees In International Commercial Arbitrations, John Yukio Gotanda
Michigan Journal of International Law
This Article examines the practice of awarding costs and fees in international commercial arbitrations. Part I reviews the history of awarding costs and fees and the approaches that countries have adopted to resolve these claims. It concludes that an overwhelming number of countries permit such awards and follow the principle that the losing party should reimburse the prevailing party for expenses incurred in connection with the arbitration, including attorneys' fees. Part II examines the approaches used by international arbitral tribunals in resolving claims for costs and fees and finds that they are inadequate. Part Ill proposes a new model for …
Contracting For An Expanded Scope Of Judicial Review In Arbitration Agreements, Tom Cullinan
Contracting For An Expanded Scope Of Judicial Review In Arbitration Agreements, Tom Cullinan
Vanderbilt Law Review
Arbitration is generally defined as a process in which parties voluntarily agree to submit a dispute to an impartial third person called an arbitrator,' who is often selected by the parties and is empowered to make a decision based on the evidence and the parties' arguments. Because of its contractual nature, arbitration claims a central role in settling today's commercial disputes. By structuring the agreement to fit their needs, parties can tailor the arbitration agreement to provide significant advantages over other forms of dispute resolution. For example, arbitration is generally faster, cheaper, and more private than litigation. The parties can …
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
Globalisation Of Contract Law: Rules For Commercial Contracts In The 21st Century, Whitmore Gray
Globalisation Of Contract Law: Rules For Commercial Contracts In The 21st Century, Whitmore Gray
Articles
This is a paper given at the Asia-Pacific Lawyers Association meeting held in Bangkok in November 1995. The author describes the principles of international commercial contracts published in 1994 by the International Institute for the Unification of Private Law. Professor Gray sees a new era of harmonisation of contract law. An appendix gives an abstract of a contract law decision given by an Austrian Court in 1994.
Economic Globalization: The Challenge For Arbitrators, Ranee K.L. Panjabi
Economic Globalization: The Challenge For Arbitrators, Ranee K.L. Panjabi
Vanderbilt Journal of Transnational Law
CHOICE OF LAW IN INTERNATIONAL COMMERCIAL ARBITRATION
By Okezie Chukwumerije
Westport, Connecticut: Quorum Books, 1994. Pp. 219.
Arbitration at the municipal level is becoming more frequently used because it is regarded as a more expeditious process for resolving disputes. In the realm of labor relations, for instance, arbitration is often the dispute resolution method of choice and is incorporated in numerous collective agreements. In an arbitration the two parties usually select an arbitrator and jointly pay the costs of the process. In the collective agreement or contract, the parties stipulate the terms of the procedure that generally bind the arbitrator, …
Predisposed With Integrity: The Elusive Quest For Justice In Tripartite Arbitrations, Deseriee A. Kennedy
Predisposed With Integrity: The Elusive Quest For Justice In Tripartite Arbitrations, Deseriee A. Kennedy
Scholarly Works
No abstract provided.
Consequential Damages In Contracts For The International Sale Of Goods And The Legacy Of Hadley, Arthur Murphey
Consequential Damages In Contracts For The International Sale Of Goods And The Legacy Of Hadley, Arthur Murphey
Faculty Scholarship
No abstract provided.
Mandatory Securities Industry Arbitration: The Problems And The Solution, David A. Lipton
Mandatory Securities Industry Arbitration: The Problems And The Solution, David A. Lipton
Maryland Law Review
No abstract provided.
Discipline And Due Process In The Workplace, Edwin B. Dean
Discipline And Due Process In The Workplace, Edwin B. Dean
Hospitality Review
In the article - Discipline and Due Process in the Workplace – by Edwin B. Dean, Assistant Professor, the School of Hospitality Management at Florida International University, Assistant Professor Dean prefaces his article with the statement: “Disciplining employees is often necessary for the maintenance of an effective operation. The author discusses situations which require discipline and methods of handling employees, including the need for rules and due process.”
In defining what constitutes appropriate discipline and what doesn’t, Dean says, “Fair play is the keystone to discipline in the workplace. Discrimination, caprice, favoritism, and erratic and inconsistent discipline can be costly …
Arbitration Of International Contract Disputes, William W. Park
Arbitration Of International Contract Disputes, William W. Park
Faculty Scholarship
International commercial arbitration has been the victim of its own success. Arbitration is often the only dispute resolution process acceptable in business contexts where parties from different countries have rejected recourse to each other's legal system at the outset of the contractual relationship. For example, when a Swedish shipyard contracts to build tankers for an agency of the Libyan government, the Swedes are unlikely to relish the prospect of appearing before Libyan courts, and the Libyans may view submission to the courts of Sweden (or of another industrialized Western nation) as an affront to Libyan national sovereignty. Neither the Swedish …
The Binding Force Of International Arbitral Awards, William W. Park, Jan Paulsson
The Binding Force Of International Arbitral Awards, William W. Park, Jan Paulsson
Faculty Scholarship
A party that submits a controversy to arbitration may later regret having abandoned recourse to the courts. Once the award is rendered, the chosen arbitrator may no longer seem so wise to the losing party, who may refuse to comply with his decision. A legal system must therefore legitimize the arbitrator's authority if the award is to be more than an unenforceable attempt at conciliation.
The Lex Loci Arbitri And International Commercial Arbitration, William W. Park
The Lex Loci Arbitri And International Commercial Arbitration, William W. Park
Faculty Scholarship
Luke's gospel reports that Jesus once declined to arbitrate a family dispute over an inheritance by asking a disgruntled sibling, "Who set me over you to arbitrate?" Private resolution of business disputes raises a related question: whence springs the arbitrator's authority to render a binding award? A company that submits a controversy to arbitration may later regret having abandoned recourse to the courts. On the day of reckoning, the sage chosen to decide the dispute may no longer seem so wise to the losing party, and the loser might consider refusing to comply with the arbitrator's decision. Some legal system, …
French Codification Of A Legal Framework For International Commercial Arbitration, W. Laurence Craig, William W. Park, Jan Paulsson
French Codification Of A Legal Framework For International Commercial Arbitration, W. Laurence Craig, William W. Park, Jan Paulsson
Faculty Scholarship
Resolution of a dispute arising under an international commercial contract frequently has been plagued with uncertainty regarding applicable substantive and procedural law. These problems are not necessarily solved by the presence of an arbitration clause in the contract. In the absence of a clearly defined arbitral system, the parties can not be certain of the rules regarding the arbitral procedure or the recognition and enforcement of arbitral awards. By enacting a decree that specifically applies to international commercial arbitration, France has recently taken a major step toward resolving the uncertainties surrounding the resolution of international commercial disputes. The authors analyze …
Case Digest, Journal Staff
Case Digest, Journal Staff
Vanderbilt Journal of Transnational Law
1. ADMIRALTY
"CONTACTS" TEST BASED ON 99 PERCENT AMERICAN OWNERSHIP OF A FOREIGN CORPORATION WILL NOT BE APPLIED TO CIRCUMVENT THE RECIPROCITY PROVISION OF THE PUBLIC VESSELS ACT
SEARCH OF A U.S. VESSEL ON THE HIGH SEAS PURSUANT TO STATUTE AUTHORIZING SAFETY INSPECTIONS BY THE U.S. COAST GUARD MAY NOT BE ASSISTED BY AGENTS OF OTHER FEDERAL AGENCIES
LAND-BASED TORT PRINCIPLES OF NEGLIGENCE APPLY TO LIABILITY OF VESSELS FOR INJURIES TO LONGSHOREMEN RATHER THAN PRINCIPLES OF UNSEAWORTHINESS OR VIOLATION OF NONDELEGABLE DUTY
2. ALIEN'S RIGHTS
INTERRUPTION OF AN ALIEN'S PRESENCE IN THE UNITED STATES AND INVESTOR STATUS OF AN ALIEN …
A Symposium On Arbitration, Sylvan Gotshal
A Symposium On Arbitration, Sylvan Gotshal
Vanderbilt Law Review
Twenty years ago an article on arbitration would have been an oddity in a law review. Significant of the change in thinking with regard to arbitration on the part of attorneys, bar associations, and law schools is the fact that within the past few months several law journals and reviews have had major articles devoted to various aspects of arbitration. This new literature in the legal field serves as notice to the practitioner and to the law student that arbitration has come of age. The editors of the Vanderbilt Law Review and the faculty of the Law School are, therefore, …
Development Of Commercial Arbitration Law, Paul L. Sayre
Development Of Commercial Arbitration Law, Paul L. Sayre
Articles by Maurer Faculty
No abstract provided.
Two Views Of Commercial Arbitration, Paul L. Sayre
Two Views Of Commercial Arbitration, Paul L. Sayre
Indiana Law Journal
No abstract provided.
Arbitration And Business Ethics, By Clarence F. Birdseye, Paul L. Sayre
Arbitration And Business Ethics, By Clarence F. Birdseye, Paul L. Sayre
Indiana Law Journal
No abstract provided.