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Articles 3031 - 3060 of 3135
Full-Text Articles in Law
Commercial Arbitration In Federal Courts, James F. Nooney
Commercial Arbitration In Federal Courts, James F. Nooney
Vanderbilt Law Review
With increasing frequency attorneys are confronted with disputes arising under commercial contracts which contain arbitration agreements. Before the attorney can advise the client as to his legal position and recommend a course of conduct, he must interpret the effect of the arbitration agreement. Often the first question for the attorney is whether the client (or, in turn, the opposing party) can be forced to arbitrate. The answer depends upon whether agreements to arbitrate future disputes are enforceable under the law applicable to the transaction. Where both parties to the contract are citizens of the same state, the answer is readily …
Labor Arbitration: A Dissenting View, By Paul R. Hays (1966), Robert S. Hunt
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
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
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
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
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
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 …
Peace-Keeping And Peace-Making--The Un In The Middle East, Robert D. Kamenshine
Peace-Keeping And Peace-Making--The Un In The Middle East, Robert D. Kamenshine
Vanderbilt Journal of Transnational Law
A UN official, commenting on the designation of Swedish diplomat Gunnar Jarring as the Security Council's representative to work for a Middle East peace, observed that both Ralph Bunche and Lester B. Pearson had already received Nobel Prizes for bringing peace to this region. If anything is to be learned from the most recent Middle East conflict, it is that a cessation of hostilities cannot be equated with a peace; that a true peace involves the resolution of basic conflicts of interests.
Almost from its very inception, the United Nations has been deeply involved in Middle East problems. Just over …
Use Of An Arbitration Clause As A Defense To 8(A)(5) Charge Resulting From The Employer's Refusal To Bargain When Acting Unilaterally With Respect To A Mandatory Subject Of Collective Bargaining
Indiana Law Journal
No abstract provided.
Awarding Interest In Labor Arbitration Cases, James E. Youngdahl
Awarding Interest In Labor Arbitration Cases, James E. Youngdahl
Kentucky Law Journal
No abstract provided.
Developments In Space Law, Albert Gore Senator
Developments In Space Law, Albert Gore Senator
Vanderbilt Law Review
A democratic society could not long endure without the voluntary support of its citizens of application of legal proceedings for settlement of disputes. Perhaps few take the time to consider the extent to which our daily lives are affected by the judicial machinery which a free people have established. Here I refer not merely to the deterrent effect of criminal laws by which we deal with offenses against society. I refer also to our system for the legal settlement of controversies arising between individuals. After all, without our courts and our lawyers, questions involving tort and breach of contract would …
A Standard For Arbitrators In Subcontracting Disputes
A Standard For Arbitrators In Subcontracting Disputes
Indiana Law Journal
No abstract provided.
The Labor Arbitration Process: 1943-1963, R. W. Fleming
The Labor Arbitration Process: 1943-1963, R. W. Fleming
Kentucky Law Journal
No abstract provided.
Arbitration—Consolidation Of Arbitration Proceedings Under New York Law, Richard S. Mayberry
Arbitration—Consolidation Of Arbitration Proceedings Under New York Law, Richard S. Mayberry
Buffalo Law Review
In the Matter of Symphony Fabrics Corp. [Bernson Silk Mills], 12 N.Y.2d 409, 190 N.E.2d 418, 240 N.Y.S.2d 23 (1963).
Reflections On The Nature Of Labor Arbitration, R. W. Fleming
Reflections On The Nature Of Labor Arbitration, R. W. Fleming
Michigan Law Review
The use of arbitration as a means of settling labor-management disputes has increased steadily in the past twenty years. Recent decisions of the Supreme Court have underlined the importance of the process. The natural tendency is to compare labor arbitration with the court system as an adjudicatory process. There are, however, significant differences between the two, and this needs to be better understood.
An intelligent evaluation of the differences, and of the labor arbitration tribunal in general, can be made only after an exploration of its origin and history, and after some consideration of the kinds of cases which are …
Arbitration—Questions, Whether Grievance Atually Concerned Rehiring Or Discharge, Whether Delay In Seeking Order To Arbitrate Amounted To Abandonment Of Claim, Are For Arbitrator, Timothy C. Leixner
Arbitration—Questions, Whether Grievance Atually Concerned Rehiring Or Discharge, Whether Delay In Seeking Order To Arbitrate Amounted To Abandonment Of Claim, Are For Arbitrator, Timothy C. Leixner
Buffalo Law Review
Carey v. Westinghouse Electric Corp., 11 N.Y.2d 452, 184 N.E.2d 298, 230 N.Y.S.2d 703 (1962).
Arbitration—Appointees On Tripartite Arbitration Board Allowed To Be Partial To The Views Of Parties Who Select Them, Louis H. Siegel
Arbitration—Appointees On Tripartite Arbitration Board Allowed To Be Partial To The Views Of Parties Who Select Them, Louis H. Siegel
Buffalo Law Review
In the Matter of Astoria Medical Group, 11 N.Y.2d 128, 182 N.E.2d 85, 227 N.Y.S.2d 401 (1962).
Arbitration Clauses In Separation Agreements
Arbitration Clauses In Separation Agreements
Washington and Lee Law Review
No abstract provided.
Plant Removal And The Survival Of Seniority Rights: The Glidden Case
Plant Removal And The Survival Of Seniority Rights: The Glidden Case
Indiana Law Journal
No abstract provided.
Jurisdictional Expansion In Commercial Arbitration
Jurisdictional Expansion In Commercial Arbitration
Washington and Lee Law Review
No abstract provided.
Arbitration—Petitioner, By Participating In Arbitration Proceedings, Waives Right To Claim That Dispute Is Not Arbitrable, Joseph Demarie
Arbitration—Petitioner, By Participating In Arbitration Proceedings, Waives Right To Claim That Dispute Is Not Arbitrable, Joseph Demarie
Buffalo Law Review
National Cash Register Co. v. Wilson, 8 N.Y.2d 377, 208 N.Y.S.2d 951 (1960).
Arbitration—Arbitrator To Decide Issue Concerning Mutuality Of Arbitration Contract, Joseph Demarie
Arbitration—Arbitrator To Decide Issue Concerning Mutuality Of Arbitration Contract, Joseph Demarie
Buffalo Law Review
Exercycle Corp. v. Maratta, N.Y.2d 329, 214 N.Y.S.2d 353 (1961).
Arbitration—Arbitrator To Decide Extent Of Damages, Joseph Demarie
Arbitration—Arbitrator To Decide Extent Of Damages, Joseph Demarie
Buffalo Law Review
DeLaurentiis v. Cinematografica, Etc., 9 N.Y.2d 503, 215 N.Y.S.2d 60 (1961).
Arbitration—Stay Of Proceedings Brought Before Federal Administrative Agency In Violation Of Arbitration Agreement, Joseph Demarie
Arbitration—Stay Of Proceedings Brought Before Federal Administrative Agency In Violation Of Arbitration Agreement, Joseph Demarie
Buffalo Law Review
S. M. Wolff Co. v. Tulkoff, 9 N.Y.2d 356, 214 N.Y.S.2d 374 (1961), reversing 11 A.D.2d 656, 203 N.Y.S,2d 1020 (1st Dep't 1960).
Arbitration—Arbitrable Issue Present As To Content And Meaning Of General Release, Buffalo Law Review Board
Arbitration—Arbitrable Issue Present As To Content And Meaning Of General Release, Buffalo Law Review Board
Buffalo Law Review
Bronston v. Glassman, 10 N.Y. 2d 158, 218 N.Y.S.2d 645 (1961).
Arbitration—Power Of Arbitrator To Award Damages For Breach Of Collective Bargaining Agreement, Buffalo Law Review Board
Arbitration—Power Of Arbitrator To Award Damages For Breach Of Collective Bargaining Agreement, Buffalo Law Review Board
Buffalo Law Review
Publishers' Ass'n v. New York Stereos' Union No. 1, 8 N.Y.2d 414, 208 N.Y.S.2d 981 (1960).
Enforcement Of Agreements To Arbitrate
Enforcement Of Agreements To Arbitrate
Washington and Lee Law Review
No abstract provided.
Arbitration—Employee Not "Party" To Collective Bargaining Agreement, Buffalo Law Review
Arbitration—Employee Not "Party" To Collective Bargaining Agreement, Buffalo Law Review
Buffalo Law Review
In re Soto, 7 N.Y.2d 397, 198 N.Y.S.2d 282 (1960).
Arbitration—Arbitration Clause Regarding Breach Of Contract Strictly Interpreted By Court, Buffalo Law Review
Arbitration—Arbitration Clause Regarding Breach Of Contract Strictly Interpreted By Court, Buffalo Law Review
Buffalo Law Review
DeLillo Construction Co. v. Lizza and Sons, Inc., 7 N.Y.2d 102, 195 N.Y.S.2d 825 (1959).
Arbitration—Oral Extension Of Written Arbitration Clause Sufficient Under Section 1449 Of Civil Practice Act, Buffalo Law Review
Arbitration—Oral Extension Of Written Arbitration Clause Sufficient Under Section 1449 Of Civil Practice Act, Buffalo Law Review
Buffalo Law Review
Acadia Company v. Edlitz, 7 N.Y.2d 348, 197 N.Y.S.2d 457 (1960).