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Articles 1 - 30 of 36
Full-Text Articles in Law
Determining The Timeliness Of A Securities Claim Filed For Arbitration: Substantive Eligibility Requirement Or Procedural Statute Of Limitations, Carla K. Williams
Determining The Timeliness Of A Securities Claim Filed For Arbitration: Substantive Eligibility Requirement Or Procedural Statute Of Limitations, Carla K. Williams
Journal of Dispute Resolution
This Comment will focus on the development of this debate, the positions taken by the courts, and a possible resolution of these issues by the SROs themselves.9 Specifically, Part II briefly discusses the development of arbitration in the United States; Part III discusses the issues surrounding the debate, including what positions the courts have taken; and Part IV discusses the possible resolution of this debate by amendment to the SRO codes.
Judicial Review Of Contract Interpretation By Labor Arbitrators: Whose Brand Of Industrial Justice - Houston Lighting & (And) Power Co. V. Int'l Bhd. Of Elec. Workers, Local Union No. 66, Michael G. Munsell
Journal of Dispute Resolution
The United States Supreme Court has prescribed the deference owed to an arbitrator's interpretation of labor agreements. The Court's decisions have made clear the narrow grounds upon which an arbitration award may be reversed. In Houston Lighting & Power Co. v. Int'l Bhd of Elec. Workers, Local Union No. 66, the employer claimed that the labor arbitrator had exceeded his authority by misinterpreting the labor agreement. The Fifth Circuit Court of Appeals had to weigh the policy of deference to the arbitrator's interpretation against the need to ensure that the arbitrator acted within the authority which the parties to the …
Danger-Inequality Of Resources Present: Can The Environmental Mediation Process Provide An Effective Answer, Elaine Smith
Danger-Inequality Of Resources Present: Can The Environmental Mediation Process Provide An Effective Answer, Elaine Smith
Journal of Dispute Resolution
The environmental dispute resolution field has grown rapidly since its advent in 1973, when two mediators, Gerald Cormick and Jane McCarthy, undertook the first documented attempt to settle an environmental dispute.' Since this initial effort, the use of mediation in environmental disputes has grown rapidly, leading to the continual evolution and improvement of the field. Despite this progress, mediation in environmental disputes remains as it began: a hotly contested issue, with prominent and influential commentators vigorously debating whether it is an appropriate device to resolve environmental disputes
Primer On Competitive Bargaining, A, Gary Goodpaster
Primer On Competitive Bargaining, A, Gary Goodpaster
Journal of Dispute Resolution
The aim of this Article is to explore the competitive bargaining strategy in depth. Because competitive negotiation behavior is common, and sometimes advisable, one must understand it well to master negotiation practice. Knowing how competitors operate enables a negotiator to recognize competitive bargaining when it occurs and to deal with it affirmatively by transforming a competitive negotiation into a cooperative one or defensively by countering competitive moves. Furthermore, even parties who negotiate cooperatively sometimes compete. For example, negotiators may create a win-win situation by cooperating to "increase the size of the pie" to be divided between them. Nonetheless, they still …
Escaping The Courthouse: Private Alternative Dispute Resolution In Los Angeles , Elizabeth Rolph, Erik Moller, Laura Petersen
Escaping The Courthouse: Private Alternative Dispute Resolution In Los Angeles , Elizabeth Rolph, Erik Moller, Laura Petersen
Journal of Dispute Resolution
Formal dispute resolution, long thought to be the province of the state, seems to have piqued the interest of the private sector in recent years as a possible sphere of activity. In settings where courts are clogged and criminal cases are forcing civil cases off the calendar, where public juries are perceived as "out of control," and where many individuals are disillusioned with incremental tort reform; a growing number of private individuals are selling their services as neutrals to facilitate dispute resolution. For-profit firms, both independent and national networks, are springing up and positioning themselves in major metropolitan areas. Nonprofit …
Standards Of Arbitrator Impartiality: How Impartial Must They Be - Lifecare International, Inc. V. Cd Medical, Inc., Elizabeth A. Murphy
Standards Of Arbitrator Impartiality: How Impartial Must They Be - Lifecare International, Inc. V. Cd Medical, Inc., Elizabeth A. Murphy
Journal of Dispute Resolution
One of the most crucial aspects of the arbitrator's role is neutrality. For arbitration proceedings to achieve a fair resolution of disputes, the arbitrator must make his decision without bias. All jurisdictions allow vacation of arbitration awards where there is "evident partiality" on the part of an arbitrator appointed as neutral. The application of this "evident partiality" test, however, has yielded widely varying results. Moreover, most state and federal courts apply a lower standard of impartiality to arbitrators than they apply to judges. The reason for this lower standard is that the parties consented to a less than perfect tribunal …
Can The United States Be A Party To Binding Arbitration - The Constitutional Issues Re-Evaluated - Tenaska Washington Partners Ii V. The United States, Chatman Catherine
Can The United States Be A Party To Binding Arbitration - The Constitutional Issues Re-Evaluated - Tenaska Washington Partners Ii V. The United States, Chatman Catherine
Journal of Dispute Resolution
It has long been assumed that the Constitution prohibited the United States government from entering binding arbitration as a party. The Department of Justice recently re-examined the issue and concluded that there is no absolute constitutional bar to government participation in binding arbitration.' Tenaska is the first reported court decision to adopt the Department of Justice's new reasoning. The court in Tenaska Washington Partners II v. The United States held that a dispute between a private party and a governmental agency must be submitted to binding arbitration when the parties' voluntary agreement contains an arbitration clause.'
Recent Developments: The Uniform Arbitration Act, Dana A. Chamblee, Matthew S. Darrough, Reachel A. Jennings, Trina R. Ricketts
Recent Developments: The Uniform Arbitration Act, Dana A. Chamblee, Matthew S. Darrough, Reachel A. Jennings, Trina R. Ricketts
Journal of Dispute Resolution
This Article is an overview of recent court decisions that interpret state versions of the Uniform Arbitration Act ("U.A.A.").' Arbitration statutes patterned after the U.A.A. have been adopted by thirty-four states and the District of Columbia.2 The goal of this project is to promote uniformity in the interpretation of the U.A.A. by analyzing the various underlying policies and rationales of recent court decisions interpreting the U.A.A. '
Head'em Off At The Impasse: A Victory For Management In The War To Implement Its Last Best Offer - Mountain Valley Educational Ass'n V. Maine Sad No. 43, Thomas C. Albus
Head'em Off At The Impasse: A Victory For Management In The War To Implement Its Last Best Offer - Mountain Valley Educational Ass'n V. Maine Sad No. 43, Thomas C. Albus
Journal of Dispute Resolution
The impasse doctrine in collective bargaining allows limited unilateral action by an employer when a good-faith deadlock in negotiations is reached between the employer and employees' representatives. This doctrine is a judicial invention used to reconcile the dual mandate of the National Labor Relations Act: to enforce the duty of good-faith bargaining while not compelling parties to accept agreements or make concessions. Traditionally, the impasse doctrine has been viewed as a tool to promote an ongoing bargaining process; more recently, it has been viewed as a terminal point in the negotiation process. By broadening the definition of impasse, courts ascribing …
Foreign Arbitration Clauses And Foreign Forum Selection Clauses In Bills Of Lading Governed By Cogsa: Vimar Seguros Y Reaseguros, Sa. V. Miv Sky Reefer, Elizabeth A. Clark
Foreign Arbitration Clauses And Foreign Forum Selection Clauses In Bills Of Lading Governed By Cogsa: Vimar Seguros Y Reaseguros, Sa. V. Miv Sky Reefer, Elizabeth A. Clark
BYU Law Review
No abstract provided.
Speech: Legal Issues And The Olympics, Ronald T. Rowan
Speech: Legal Issues And The Olympics, Ronald T. Rowan
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Reformulated Gasoline Under Reformulated Wto Dispute Settlement Procedures: Pulling Pandora Out Of A Chapeau?, Jeffrey Waincymer
Reformulated Gasoline Under Reformulated Wto Dispute Settlement Procedures: Pulling Pandora Out Of A Chapeau?, Jeffrey Waincymer
Michigan Journal of International Law
Part I of the article begins by outlining existing GATT/WTO provisions concerning trade-related environmental measures which were relevant to the Reformulated Gasoline case. Part II then outlines the facts in the dispute and gives a brief introduction to the decisions at the Panel and Appellate Body stages. Part III deals with the present and potential implications for the appellate process in terms of the substance of the dispute, the methodology and procedure adopted, and the wider issues that the case brings to attention. This Part also addresses some of the theoretical and practical issues that affect the question of the …
Good Faith Mediation: Improving Efficiency, Costs, And Satisfaction In North Carolina's Pre-Trial Process, Tony Biller
Good Faith Mediation: Improving Efficiency, Costs, And Satisfaction In North Carolina's Pre-Trial Process, Tony Biller
Campbell Law Review
The issue this comment addresses is whether a court, in compelling parties to mediate, should also require the parties to act honestly and reasonably in attempting to resolve their disputes. Creating and enforcing a duty of good faith in mediation conferences would decrease costs and improve the efficiency of litigation. The purpose of this comment is to promote a duty of good faith in civil cases directed to mediated settlement conferences in North Carolina superior courts. This comment discusses the foundation for the duty and suggests a procedure for enforcement.
Law Office As Indicator And Amplifier Of Professional Status, The, Fred I. Williams
Law Office As Indicator And Amplifier Of Professional Status, The, Fred I. Williams
Journal of Dispute Resolution
The following pages contain a detailed discussion of law office design as an indicator, even amplifier, of professional status and lawyer-client relations. Section II examines the effect that office design can play in defining the lawyer's relationship with clients and other visitors to the office. Section Il discusses the power of office design in properly marking the lawyer's office as a professional domain. Finally, Section IV concludes that office decor is an effective communicator of professional status and can be an effective tool for the lawyer in forming the professional persona.
Enforcing Set Aside Arbitral Awards: France's Controversial Steps Beyond The New York Convention, Hamid G. Gharavi
Enforcing Set Aside Arbitral Awards: France's Controversial Steps Beyond The New York Convention, Hamid G. Gharavi
Florida State University Journal of Transnational Law & Policy
No abstract provided.
A Call For Public Participation In State Voluntary Remediation Programs: Strategies For Promoting Public Involvement Opportunities In Virginia, Stacie A. Craddock
A Call For Public Participation In State Voluntary Remediation Programs: Strategies For Promoting Public Involvement Opportunities In Virginia, Stacie A. Craddock
University of Richmond Law Review
There is a growing environmental problem in the United States with contaminated property which is left abandoned or underused. These properties are commonly known as "brownfields."' The type or extent of the contamination may vary from site to site. The types of waste could include hazardous, solid, or petroleum waste components; and the extent of the contamination may be minimal, severe, or even unknown. In 1995, the Congressional Office of Technology Assessment reported that the number of sites that currently remain contaminated are estimated to range from "tens of thousands to 450,000 sites."
Resolving Economic Disputes In Russia's Market Economy, Karen Halverson
Resolving Economic Disputes In Russia's Market Economy, Karen Halverson
Michigan Journal of International Law
The purpose of this paper is to examine the recent transformation of state arbitrazh into economic courts along with the development of commercial arbitration in Russia, and to consider the relative utility of these mechanisms for resolving disputes in Russia's evolving market economy. Part I describes state arbitrazh and details its evolution into the existing system of economic courts. Part II discusses the past and recent development of commercial arbitration in Russia as an alternative to litigating domestic disputes. Part III considers various social and historic factors that hinder genuine reform.
Resolving Disputes Over Financial Management Of Athletes: English And American Experiences, James A.R. Nafziger
Resolving Disputes Over Financial Management Of Athletes: English And American Experiences, James A.R. Nafziger
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Taking The Public Out Of Determining Government Policy: The Need For An Appropriate Scope Of Bargaining Test In The Illinois Public Sector, 29 J. Marshall L. Rev. 531 (1996), Eric C. Scheiner
UIC Law Review
No abstract provided.
Scope Of Review For Orders Confirming, Vacating, Or Modifying Arbitral Awards: An End To Deferential Standards - First Options Of Chicago, Inc. V. Kaplan, Michael G. Munsell
Scope Of Review For Orders Confirming, Vacating, Or Modifying Arbitral Awards: An End To Deferential Standards - First Options Of Chicago, Inc. V. Kaplan, Michael G. Munsell
Journal of Dispute Resolution
Congressional intent to make arbitration a viable alternative to traditional litigation is codified in the Federal Arbitration Act ("FAA"). Although the FAA and the subsequent case law have settled most questions about the details of the arbitration process, the United States Supreme Court in First Options took up the narrow issue of what standard of review should be used by an appellate court reviewing a district court decision vacating, confirming or modifying an arbitrator's order.' Facing the Court were two competing policies: the Court's own policy of keeping standards of review simple and rational against the Congressional policy of assuring …
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.
Sica: The First Twenty Years, Constantine N. Katsoris
Sica: The First Twenty Years, Constantine N. Katsoris
Fordham Urban Law Journal
This Article provides a broad overview of the topic of securities arbitration. It expresses the views of litigants from both sides of the spectrum. It argues that the public must trust in the integrity of the SRO (self-regulatory organization) arbitration process for securities arbitration to remain the basically mandatory system that it is today. The Article traces the evolution of arbitration rules in effect at various SROs. It then examines the Uniform Code of Arbitration in detail, and the SRO Codes. It explores the role of the American Arbitration Association (AAA), the NYSE Symposium, the Ruder Report and the Role …
Crisis Intervention For Legal Counselors, Brian Easton
Crisis Intervention For Legal Counselors, Brian Easton
Journal of Dispute Resolution
To assume clients phone for legal appointments with mere problems is to negate the initial thrust that propels the need for legal advice. A crisis is often this propelling factor, and an attorney must be able to understand, act from a knowledgeable position, empathize and know the legal and nonlegal implications facing the client. To be stationary, aloof, or combative when a client's situation roars toward a crisis peak, is to fail as a legal counselor.
Post-Settlement Settlements: Agreeing To Make Resolutions Efficient, Robert W. Mendenhalt
Post-Settlement Settlements: Agreeing To Make Resolutions Efficient, Robert W. Mendenhalt
Journal of Dispute Resolution
The purpose of this article is to more fully describe the concept of postsettlement settlements, to discuss the assumptions upon which it is based, to critique the concept, and to make proposals that will assist third-party intervenors in achieving advantageous post-settlement settlements. Since the goal of post-settlement settlements is to increase conflicting parties' joint gains, the concept of joint gains must be first addressed.
Who's Watching Out For The Children - Making Child Custody Determinable By Binding Arbitration - Dick V. Dick, Barbara E. Wilson
Who's Watching Out For The Children - Making Child Custody Determinable By Binding Arbitration - Dick V. Dick, Barbara E. Wilson
Journal of Dispute Resolution
"Many is the custody case which almost seems to outlive the parents .... To remedy this problem, many members of the legal profession advocate greater utilization of arbitration to include determination of child custody.' As state courts struggle to incorporate and interpret the Uniform Arbitration Act ("UAA") into child custody case law, the Dick case stands as the latest decision demonstrating the advantages and pitfalls of using binding arbitration to resolve custody disputes.
Legal Consequences Of Apologizing, Peter H. Rehm, Denise R. Beatty
Legal Consequences Of Apologizing, Peter H. Rehm, Denise R. Beatty
Journal of Dispute Resolution
This article discusses the legal consequences of saying you are sorry, whether as an apology or an expression of sympathy. It discusses questions such as whether an apology is understood to be an admission of guilt, whether an apology fulfills any elements of a tort, how an apology can be useful for avoiding litigation, how an expression of sympathy should be worded to minimize the possibility that it could be misunderstood to be an admission of guilt, and why someone who is guilty of some error should apologize without concern that this would make their situation worse. It analyzes various …
Negotiation As A Healing Process, Gerald R. Williams
Negotiation As A Healing Process, Gerald R. Williams
Journal of Dispute Resolution
Beginning in the late 1970's and continuing even today, there has been intense criticism in the media and elsewhere that Americans are too litigious, that people and institutions are too frequently going to court against one another. While the criticism may be partly merited, when considered from a more personal perspective, what seems remarkable is not how much litigation there is, but how little. For example, most members of society suffer harms, inconvenienses, and injustices that infringe on their legal rights and could be, if they chose, grounds for legal action. Most individuals recognize, however, that if they made a …