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Full-Text Articles in Law
Out With The Old, In With The New: The Mini-Trial Is The New Wave In Resolving International Disputes, Mark D. Calvert
Out With The Old, In With The New: The Mini-Trial Is The New Wave In Resolving International Disputes, Mark D. Calvert
Journal of Dispute Resolution
Historically, merchants used arbitration to settle commercial disputes among themselves.1 However, the early American courts viewed arbitration unfavorably, often refusing to acknowledge its validity. 2 During the 1970's, however, the courts' attitude toward arbitration shifted. The United States Supreme Court decision, The Breman v. Zapata Off-Shore Co.,3 ushered in an era of growing acceptance toward arbitration agreements. The change in the Court's attitude has allowed businesses to provide for arbitration agreements in their contracts without fearing that their desire to avoid litigation would be thwarted
Book Review , Timothy J. Heinsz
Book Review , Timothy J. Heinsz
Journal of Dispute Resolution
As the use of arbitration as a dispute resolution mechanism continues to increase not only in the area of labor relations but also in other fields as well, the authority of arbitrators to issue remedies has likewise become a more important topic. The breadth of this power was established early on in labor-management arbitrations in the Steelworkers Trilogy.1 There the Supreme Court concluded that by entering into an arbitration agreement, a company and union could commission the arbitrator to bring an informed judgment to bear in reaching a fair resolution. The Court stated: "This is especially true when it comes …