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Full-Text Articles in Law

Rethinking American Arbitration, Thomas J. Stipanowich Jul 1988

Rethinking American Arbitration, Thomas J. Stipanowich

Indiana Law Journal

No abstract provided.


To Arbitrate Or Not To Arbitrate - The Protection Of Rights Under The Age Discrimination In Employment Act - Steck V. Smith Barney, Harris Upham & (And) Co., Thomas D. Rodenberg Jan 1988

To Arbitrate Or Not To Arbitrate - The Protection Of Rights Under The Age Discrimination In Employment Act - Steck V. Smith Barney, Harris Upham & (And) Co., Thomas D. Rodenberg

Journal of Dispute Resolution

The attempt to compel arbitration in a dispute involving federal statutory rights given judicial protection brings into tension two firmly established national policies. On one side, there is the national policy as set forth in the Federal Arbitration Act' (hereinafter Arbitration Act) which strongly favors arbitration agreements.' On the other side, there is the national policy of providing broad access to the courts as the means of enforcing certain statutorily granted rights.' The tension is created when an individual bound by an arbitration agreement raises a claim based on a federal statutory right which is judicially protected. This is precisely …


Recent Developments: The Uniform Arbitration Act Jan 1988

Recent Developments: The Uniform Arbitration Act

Journal of Dispute Resolution

The National Conference of Commissioners on Uniform State Laws in 1955 proposed the Uniform Arbitration Act [hereinafter U.A.A.] A large number of states have adopted arbitration statutes based upon the U.A.A. 8 The purpose of this survey is to explain the principles underlying recent court decisions interpreting the U.A.A. and provide a framework for analyzing future cases.'