Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Arbitration (3)
- Alternative dispute resolution (1)
- Alternative dispute resolution (ADR) (1)
- Alternative dispute resolution method (1)
- Arbitration Agreement (1)
-
- Arbitration Clause (1)
- Arbitration Fairness Act of 2009 (1)
- Arbitration law (1)
- BIT (1)
- Bilateral investment treaty arbitration (1)
- Ceskoslovenska Obchodni Banka (1)
- Commercial Copyrights (1)
- Commercial patent distputes (1)
- Community Living Assistance Services and Supports Act of 2009 (1)
- Convention on the Settlement of Investment Disputes between States and Nationals of Other States (1)
- Cultural diversity (1)
- Cultural differences among mediation (1)
- Cultural identity (1)
- Dispute resolution (1)
- E-commerce retailers (1)
- Employment Non-Discrimination Act of 2009 (1)
- Federal Arbitration Act (Arbitration Act) (1)
- Foreign direct investment (1)
- Foreign investments (1)
- Gilmer v. Interstate/Johnson Lane Corporation (1)
- Goals of the mediation process (1)
- Healthcare Reform (1)
- ICSID (1)
- ISDS (1)
- Intellectual Property (1)
- Publication Year
Articles 1 - 27 of 27
Full-Text Articles in Law
Predictability Of Arbitrators' Reliance On External Authority?, Ariana R. Levinson, Erin O'Hara O'Connor, Paige Marta Skiba
Predictability Of Arbitrators' Reliance On External Authority?, Ariana R. Levinson, Erin O'Hara O'Connor, Paige Marta Skiba
American University Law Review
No abstract provided.
Panel I: Negotiating Arbitration Clauses, American University Business Law Review
Panel I: Negotiating Arbitration Clauses, American University Business Law Review
American University Business Law Review
No abstract provided.
Panel Iii: New Parties In Arbitration, American University Business Law Review
Panel Iii: New Parties In Arbitration, American University Business Law Review
American University Business Law Review
No abstract provided.
Henry Schein V. Archver & White: A Lesson In The Importance Of Carefully Drafting An Arbitration Clause, Charles B. Rosenberg
Henry Schein V. Archver & White: A Lesson In The Importance Of Carefully Drafting An Arbitration Clause, Charles B. Rosenberg
American University Business Law Review
No abstract provided.
State Attribution: Whether State Ownership Of A Private Entity Is Important In Determining If The Actions Of That Entity Are Attributable To The State, Alejandro Solano Meardi
State Attribution: Whether State Ownership Of A Private Entity Is Important In Determining If The Actions Of That Entity Are Attributable To The State, Alejandro Solano Meardi
Arbitration Brief
No abstract provided.
Are Pre-Dispute Agreements To Arbitration Online Enforceable?, Caleb Gerbitz
Are Pre-Dispute Agreements To Arbitration Online Enforceable?, Caleb Gerbitz
Arbitration Brief
Arbitration is a favored adjudicatory mechanism because it is efficient, effective, and informal compared to judicial litigation. Scholar Thomas Carbonneau has noted that arbitration is “America’s optimal trial procedure.” The ubiquity of pre-dispute agreements to arbitrate in consumer contracts makes arbitration the dominant method to resolve such disputes. Yet, despite its hallmarks of accessibility and informality, arbitration’s reliance on face-to- face proceedings limits its benefits. Online dispute resolution (ODR) has grown in popularity among e-commerce retailers over the last two decades—and more recently within court systems.5 However, ODR’s rise has not meaningfully affected how pre-dispute agreements to arbitrate are drafted …
Letter From The Editor, Elena Z. Ritchie
Importance Of The Law Applicable To The Arbitration Agreement In International Commercial Arbitration, Marlon M. Meza-Salas
Importance Of The Law Applicable To The Arbitration Agreement In International Commercial Arbitration, Marlon M. Meza-Salas
Arbitration Brief
This article analyzes the law applicable to the arbitration agreement in international commercial arbitration and some of the issues that could arise when the parties do not choose any particular law to govern their arbitration agreement. Parties frequently determine the substantive law that will govern the merit of the dispute and the rules applicable to the arbitration procedure. However, parties generally remain silent about the law that will govern the arbitration agreement itself, which could lead to unexpected or undesired effects before, during, and after arbitration, most of which could be avoided by simply selecting the law applicable to the …
Sovereign Wealth Funds And Investor-State Dispute Settlement: Examining Questions Of Icsid’S Jurisdiction And The Impact Of Investment-Treaty Arbitration, Muhammad Ussama
Sovereign Wealth Funds And Investor-State Dispute Settlement: Examining Questions Of Icsid’S Jurisdiction And The Impact Of Investment-Treaty Arbitration, Muhammad Ussama
Arbitration Brief
The rate of foreign direct investment made by sovereign wealth funds has increased significantly during the past decade. Various concerns raised by host states— especially those located in the developed world—regarding the purposes and objectives of foreign investments made by these funds have led these states to take measures to protect themselves. Countries such as Canada, Germany, and the United States have issued new laws to address these concerns. Due to the broad discretion and flexibility that these laws grant to the governments of the host states, allegations of mistreatment by investors from the Global South, including sovereign wealth funds, …
Conference Report: Handling Allegations Of Corruption In Arbitration And Judicial Dispute Settlement, Adam Briscoe, Björn Arp
Conference Report: Handling Allegations Of Corruption In Arbitration And Judicial Dispute Settlement, Adam Briscoe, Björn Arp
Arbitration Brief
No abstract provided.
Arbitrators' Authority: Scope And Limitations, Horacio A. Grigera Naón
Arbitrators' Authority: Scope And Limitations, Horacio A. Grigera Naón
Arbitration Brief
No abstract provided.
The Investor-State Dispute Settlement System Amidst Crisis, Collapse, And Reform, Henrique Sachetim, Rafael CodeçO
The Investor-State Dispute Settlement System Amidst Crisis, Collapse, And Reform, Henrique Sachetim, Rafael CodeçO
Arbitration Brief
No abstract provided.
When Peer Pressure Is Not Enough: Mandatory Disclosure And Third-Party Funding, Sarah Gilcrest
When Peer Pressure Is Not Enough: Mandatory Disclosure And Third-Party Funding, Sarah Gilcrest
Arbitration Brief
No abstract provided.
Corruption In International Commercial Arbitration: Arbitrability, Admissibility & Adjudication, Deeksha Malik, Geetanjali Kamat
Corruption In International Commercial Arbitration: Arbitrability, Admissibility & Adjudication, Deeksha Malik, Geetanjali Kamat
Arbitration Brief
No abstract provided.
Can The Language Of The Trans-Pacific Partnership Still Contribute To The International Investment System? An Analysis Of Tpp's Language Regarding States' Powers To Regulate, Yurica Ramos Montes
Can The Language Of The Trans-Pacific Partnership Still Contribute To The International Investment System? An Analysis Of Tpp's Language Regarding States' Powers To Regulate, Yurica Ramos Montes
Arbitration Brief
No abstract provided.
The Investment-Related Aspects Of Intellectual Property Rights, Peter K. Yu
The Investment-Related Aspects Of Intellectual Property Rights, Peter K. Yu
American University Law Review
No abstract provided.
The New New Courts, Orna Rabinovich-Einy, Ethan Katsh
The New New Courts, Orna Rabinovich-Einy, Ethan Katsh
American University Law Review
In this Article we describe the phenomenon of online courts, which is fast gaining momentum, and analyze these "new new courts" from an access to justice perspective. We distinguish between two turning points in terms of access to justice and courts: the rise of alternative dispute resolution (ADR) (producing what we refer to as the "new courts") and the spread of online dispute resolution (ODR) (giving rise to what we refer to as the "new new courts"). While both developments seem to be motivated by similar rationales and a desire to increase access to justice, the implications of adopting ADR …
The Extension Of The Arbitral Agreement To Non-Signatories In Europe: A Uniform Approach?, Eduardo Silva Romero, Luis Miguel Velarde Saffer
The Extension Of The Arbitral Agreement To Non-Signatories In Europe: A Uniform Approach?, Eduardo Silva Romero, Luis Miguel Velarde Saffer
American University Business Law Review
No abstract provided.
Mandatory Arbitration Clauses In Employment Contracts And The Need For Meaningful Judicial Review, Elizabeth Roma
Mandatory Arbitration Clauses In Employment Contracts And The Need For Meaningful Judicial Review, Elizabeth Roma
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Establishing Claims For Damages, Costs And Interest In International Arbitration, Sir Vivian Ramsey
Establishing Claims For Damages, Costs And Interest In International Arbitration, Sir Vivian Ramsey
American University International Law Review
No abstract provided.
Whose Dictionary Controls?: Recent Challenges To The Term "Investment" In Icsid Arbirtration, Joseph M. Boddicker
Whose Dictionary Controls?: Recent Challenges To The Term "Investment" In Icsid Arbirtration, Joseph M. Boddicker
American University International Law Review
No abstract provided.
Legislative Updates , Rene Carballo
Cartel Price Controls Vs. Free Trade: A Study Of Proposals To Challenge Opec's Influence In The Oil Market Through Wto Dispute Settlement, Tim Carey
American University International Law Review
No abstract provided.
Alternative Dispute Resolution In Commercial Intellectual Property Disputes , Scott H. Blackman, Rebecca M. Mcneill
Alternative Dispute Resolution In Commercial Intellectual Property Disputes , Scott H. Blackman, Rebecca M. Mcneill
American University Law Review
No abstract provided.
Culture And Mediation: A Red Herring, Cynthia A. Savage
Culture And Mediation: A Red Herring, Cynthia A. Savage
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Should Mandatory Written Opinions Be Required In All Securities Arbitrations?: The Practical And Legal Implications To The Securities Industry , Lynn Katzler
American University Law Review
No abstract provided.