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Dispute Resolution and Arbitration

Washington Law Review

Journal

1967

Articles 1 - 6 of 6

Full-Text Articles in Law

Labor Arbitration: A Dissenting View, By Paul R. Hays (1966), Robert S. Hunt Apr 1967

Labor Arbitration: A Dissenting View, By Paul R. Hays (1966), Robert S. Hunt

Washington Law Review

No abstract provided.


Labor Arbitration: A Dissenting View, By Paul R. Hays (1966), Robert S. Hunt Apr 1967

Labor Arbitration: A Dissenting View, By Paul R. Hays (1966), Robert S. Hunt

Washington Law Review

No abstract provided.


Arbitration In U.S./Japanese Sales Disputes, Taro Kawakami, Dan Fenno Henderson Mar 1967

Arbitration In U.S./Japanese Sales Disputes, Taro Kawakami, Dan Fenno Henderson

Washington Law Review

But one area where the usefulness of arbitration is recognized almost universally is international business such as U.S./Japanese sales under discussion here. On reflection the reasons are not altogether happy ones, for most of the benefits as seen by the proponents of arbitration seem to flow largely from the inadequacies of litigation, which are especially pronounced in the transnational context. What are some of the difficulties peculiar to transnational litigation? In the U.S./Japanese context they include: differences of jurisdictional requirements; uncertainty about which law will be found to govern an international contract under current choice-of-law rules; uncertainty even as to …


Arbitration Clauses And Fraudulent Inducement, Anon Mar 1967

Arbitration Clauses And Fraudulent Inducement, Anon

Washington Law Review

Plaintiff and defendant entered into a contract containing a provision that "any controversy or claim arising out of or relating to this Agreement... shall be settled by arbitration." A dispute arose and defendant demanded arbitration. Plaintiff brought an action in federal district court to rescind the contract on the ground of fraudulent inducement, moving to stay arbitration. Defendant cross-moved to stay trial pending arbitration. The district court granted defendant's motion and denied plaintiff's. The Second Circuit Court of Appeals affirmed. Held: Unless there is an allegation that the arbitration provision itself was fraudulently induced, an issue of fraudulent inducement of …


Arbitration In U.S./Japanese Sales Disputes, Taro Kawakami, Dan Fenno Henderson Mar 1967

Arbitration In U.S./Japanese Sales Disputes, Taro Kawakami, Dan Fenno Henderson

Washington Law Review

But one area where the usefulness of arbitration is recognized almost universally is international business such as U.S./Japanese sales under discussion here. On reflection the reasons are not altogether happy ones, for most of the benefits as seen by the proponents of arbitration seem to flow largely from the inadequacies of litigation, which are especially pronounced in the transnational context. What are some of the difficulties peculiar to transnational litigation? In the U.S./Japanese context they include: differences of jurisdictional requirements; uncertainty about which law will be found to govern an international contract under current choice-of-law rules; uncertainty even as to …


Arbitration Clauses And Fraudulent Inducement, Anon Mar 1967

Arbitration Clauses And Fraudulent Inducement, Anon

Washington Law Review

Plaintiff and defendant entered into a contract containing a provision that "any controversy or claim arising out of or relating to this Agreement... shall be settled by arbitration." A dispute arose and defendant demanded arbitration. Plaintiff brought an action in federal district court to rescind the contract on the ground of fraudulent inducement, moving to stay arbitration. Defendant cross-moved to stay trial pending arbitration. The district court granted defendant's motion and denied plaintiff's. The Second Circuit Court of Appeals affirmed. Held: Unless there is an allegation that the arbitration provision itself was fraudulently induced, an issue of fraudulent inducement of …