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Dispute Resolution and Arbitration

University of Cincinnati College of Law

Faculty Articles and Other Publications

Series

Arbitration

Publication Year

Articles 1 - 2 of 2

Full-Text Articles in Law

Confessions And Redemption—And Politics—For An Un-Neutral Person Who Mediates, Marjorie Corman Aaron Oct 2020

Confessions And Redemption—And Politics—For An Un-Neutral Person Who Mediates, Marjorie Corman Aaron

Faculty Articles and Other Publications

Within ADR’s house, and now in our arbitration and mediation rooms, we mediators, court ADR administrators, process designers,and arbitrators can construct and conduct processes that reflect moral values our law makers seem to have abandoned.


Arbitration Of Investors' Claims Against Issuers: An Idea Whose Time Has Come, Barbara Black Jan 2012

Arbitration Of Investors' Claims Against Issuers: An Idea Whose Time Has Come, Barbara Black

Faculty Articles and Other Publications

Ever since the U.S. Supreme Court held that arbitration provisions contained in brokerage customers’ agreements were enforceable with respect to federal securities claims, proposals have been floated to include in an issuer’s governance documents a provision that would require arbitration of investors’ claims against the issuer. To date, however, publicly traded domestic issuers and their counsel have not seriously pursued these proposals, probably because of several legal obstacles to implementation. In addition to these legal obstacles, publicly traded issuers may not have perceived significant advantages to arbitration. Recent legal developments, however, make inclusion of an arbitration provision in a publicly …