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Full-Text Articles in Law
Realizing The Potential Of Arbitration In Federal Agency Dispute Resolution, Marshall J. Breger
Realizing The Potential Of Arbitration In Federal Agency Dispute Resolution, Marshall J. Breger
Scholarly Articles
The Administrative Dispute Resolution Act of 1990 has given direct authorization to all federal government agencies to voluntarily agree to use alternative dispute resolution (specifically arbitration) in any type of dispute—whether disputes between the government and private parties, interagency matters or labor-management disputes within one agency. This law will be overseen by the Administrative Conference, which coordinates and advises agencies on the act's implementation. The Administrative Conference is a permanent federal agency established in 1964. Its purpose is to "improve the procedures of federal agencies so that they may fairly and expeditiously carry out their responsibilities."
Generating Precedent In Securities Industry Arbitration, David A. Lipton
Generating Precedent In Securities Industry Arbitration, David A. Lipton
Scholarly Articles
The author charts the progress made by the securities industry’s dispute resolution system as it went from judicial litigation to a system that relies almost exclusively on arbitration. Further advances were made by the adoption of the 1989 Rules Amendments, which, by introducing prehearing conferences and setting deadlines for document exchanges, cleared up many procedural issues. However, one serious problem remains: The present system does not provide a means to generate case precedent. The author suggests various ways to cure this defect.