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Full-Text Articles in Law

28 Usc § 1782 In Aid Of Foreign Arbitration: "A Tribunal By Any Other Name", Attilio M. Costabel Jan 2021

28 Usc § 1782 In Aid Of Foreign Arbitration: "A Tribunal By Any Other Name", Attilio M. Costabel

St. Thomas Law Review

No abstract provided.


Mandatory Arbitration Of Sexual Assaults In Maritime Law, Andrew Bratslavsky Jan 2019

Mandatory Arbitration Of Sexual Assaults In Maritime Law, Andrew Bratslavsky

St. Thomas Law Review

This Comment discusses the emergence of mandatory arbitration clauses in seafarer employment contracts, and how these clauses impact cases of sexual assault. Part II will trace the origin of arbitration, the history of seafarer rights and remedies, a Supreme Court decision that opened the door to arbitration of sexual assaults, and its progeny in the Eleventh Circuit. Finally, Parts III and IV will suggest solutions to address the issue presented in this Comment. With that in mind, this Comment does not aim to disparage or discredit arbitration at large. Arbitration, when mutually agreed to, can be an effective means of …