Law Commons^™

Public Values And Private Justice: A Case For Mediator Accountability, Judith Maute

Judith L. Maute

No abstract provided.

La Naturaleza Jurídica De Los Intereses : Punto De Conexión Entre Derecho Y Economía, Gastón Fernández Cruz

Gastón Fernández Cruz

No abstract provided.

Introduction To Symposium: Achieving Justice In Arbitration, Thomas E. Carbonneau

Journal Articles

This symposium attests to the depth of scholarship that now surrounds the law of arbitration and to arbitration's widening adjudicatory mission in matters international and domestic. Authored by senior and emerging scholars who share a commitment to professional excellence, the various contributions not only assure continuity in arbitral scholarship, but also underscore the growing sophistication of arbitral practice and illustrate the complexity of the relationship between arbitration and the legal process. This symposium represents an inquiry into the convergence and divergence of legal and arbitral adjudicatory values and what impact these similarities and differences might have upon the functioning and …

International Transactions And Claims Involving Government Parties: Case Law Of The Iran-United States Claims Tribunal, Richard M. Mosk Reviewer, Nils Mangard Reviewer, Koorosh H. Ameli Reviewer

Vanderbilt Journal of Transnational Law

International Transactions and Claims Involving Government Parties: Case Law of the Iran-United States Claims Tribunal

By John A. Westberg

International Law Institute

Washington, D.C.: 1991. Pp. 412. $125.

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Richard M. Mosk - reviewer

Nils Mangard - reviewer

Koorosh H. Ameli - reviewer

The International Arbitrator: From The Perspective Of The Icc International Court Of Arbitration, Stephen R. Bond

Northwestern Journal of International Law & Business

In short, an arbitrator must have what Professor Pierre Lalive has called the "ability to judge," which implies a capacity to evaluate conflicting statements of law and/or fact and to have the wisdom, courage and expertise to reach and render a decision in such a way that the parties - and perhaps most of all the losing party - will recognize both the essential fairness of the procedure and the futility of efforts to overturn the award or oppose its execution. Only when this occurs, as happens in about ninety percent of ICC cases, can arbitration truly achieve the relative …

Realizing The Potential Of Arbitration In Federal Agency Dispute Resolution, Marshall J. Breger

Scholarly Articles

The Administrative Dispute Resolution Act of 1990 has given direct authorization to all federal government agencies to voluntarily agree to use alternative dispute resolution (specifically arbitration) in any type of dispute—whether disputes between the government and private parties, interagency matters or labor-management disputes within one agency. This law will be overseen by the Administrative Conference, which coordinates and advises agencies on the act's implementation. The Administrative Conference is a permanent federal agency established in 1964. Its purpose is to "improve the procedures of federal agencies so that they may fairly and expeditiously carry out their responsibilities."

Union Representation Election Reform: Equal Access And The Excelsior Rule, Randall J. White

Indiana Law Journal

No abstract provided.

Alternative Methods Of Resolving Environmental Disputes, Editors

Villanova Environmental Law Journal

No abstract provided.

Generating Precedent In Securities Industry Arbitration, David A. Lipton

Scholarly Articles

The author charts the progress made by the securities industry’s dispute resolution system as it went from judicial litigation to a system that relies almost exclusively on arbitration. Further advances were made by the adoption of the 1989 Rules Amendments, which, by introducing prehearing conferences and setting deadlines for document exchanges, cleared up many procedural issues. However, one serious problem remains: The present system does not provide a means to generate case precedent. The author suggests various ways to cure this defect.

Mediation Services: Successes And Failures Of Site-Specific Alternative Dispute Resolution, Leonard F. Charla, Gregory J. Parry

Villanova Environmental Law Journal

No abstract provided.

Strategy And Compliance With Bilateral Trade Dispute Settlement Agreements: Ustr's Section 301 Experience In The Pacific Basin, Michael P. Ryan

Michigan Journal of International Law

The paper is laid out in five parts. First, the conceptual linkages among strategy, goals, and agreement compliance are developed. Second, the study research design and findings are reported. Third, the strategy of trade dispute settlement negotiation is discussed with regard to bureaucratic politics. Fourth, case evidence that illustrates the key study findings is reviewed. Finally, effective monitoring and the notion of unilateral surveillance within the context of the present GATT-based, multilateral trading system are explored.

Mandated Mediation: A Contradiction In Terms - Lessons From A Recent Attempts To Institutionalize Alternative Dispute Resolution Practices, Jonathan Brock

Villanova Environmental Law Journal

No abstract provided.

Rewriting History: The Propriety Of Eradicating Prior Decisional Law Through Settlement And Vacatur, Jill E. Fisch

All Faculty Scholarship

No abstract provided.

Struggle Over Consolidation Of Arbitration Proceedings Continues: The Eighth Circuit Chooses Sides, The, Scott E. Blair

Journal of Dispute Resolution

In response to rising litigation costs and overburdened court dockets, parties are realizing the opportunity to resolve disputes more efficiently through the use of arbitration. 2 To ensure access to arbitration, parties are including provisions in contracts requiring arbitration of future disputes.3 Courts enforce these agreements pursuant to the Federal Arbitration Act (FAA), 4 originally adopted by Congress in 1925, which officially acknowledged the validity of private agreements to arbitrate.5 As a result, courts are faced with procedural issues, such as consolidation of separate arbitration proceedings, in their attempt to enforce the contracts in accordance with the parties' agreement. 6 …

Statutory Claims Under Erisa: Is Arbitration The Appropriate Forum, Amy L. Brice

Journal of Dispute Resolution

The Employment Retirement Income Security Act of 1974 (ERISA) 2 provides a regulatory scheme for the myriad of employee benefit plans that affect so many workers and their families today. 3 One ERISA issue is whether claims under the Act may be arbitrated or if they must be heard in a judicial forum. The Supreme Court has not yet spoken on this issue, but the district court in Southside Internists Group PC Money Purchase Pension Plan v. Janus Capital Corp. relied on the Supreme Court's determinations of arbitrability in various other cases 4 to conclude that ERISA claims may be …

Dispute Resolution In The United States: Concerns And Opportunities In An Era Of Globalization Of Securities Markets, Mary Kay Kane

Faculty Scholarship

No abstract provided.

Arbitration In Latin America: Overcoming Traditional Hostility (An Update), Horacio A Grigera Naon

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Model Uniform Employment Termination Act, National Conference Of Commissioners On Uniform State Laws

Other Publications

The Scope and Program Committee, at its meeting on January 11-12, 1985, recommended to the Executive Committee that it appoint a Committee to draft a Uniform Wrongful Termination Act. The recommendation was based in part on studies indicating that recent judicial modifications in the doctrine of employment at will had created great uncertainty for both employers and employees. (That uncertainty has grown. See infra.) Members of the Scope and Program Committee stressed that uniformity would be desirable because employees might be hired in one state, work in another, and be fired in a third, and that the subject gave the …

Title Page

Journal of Dispute Resolution

No abstract provided.

Is Settlement Conditioned On Vacatur An Option - Should It Be, Elizabeth L. Anstaett

Journal of Dispute Resolution

Currently, whether a court grants or denies a motion to vacate resulting from settlement depends more on the particular court in which the request is made, than on the facts of the case and the effect of vacatur. Courts not permitting vacatur have expressed the fear that parties sensing they are going to lose will "buy their way out of an unfavorable precedent often at the relatively cheap price asked by the single opponent they face in that appeal."1 Other courts routinely grant requests for vacatur. Settlements conditioned on the court's granting vacatur, and thereby avoiding precedent or issue preclusion, …

Table Of Contents - Issue 2

Journal of Dispute Resolution

No abstract provided.

Your Forum Or Mine - Where To Arbitrate Investor-Broker Securities Claims, Christopher J. Moeller

Journal of Dispute Resolution

This Comment will discuss the present forums available for customer-broker arbitration disputes, the problems arising in the current system, what changes in the present system may help resolve these problems, and the desirability of creating a new forum to handle all securities arbitrations between customers and brokers. This Comment will not challenge the desirability of arbitrating customer-broker disputes in general. Indeed, many scholars and commentators argue that arbitration is beneficial to both the customer and the broker because it provides a more efficient and less expensive means of settling disputes than litigation. However, for arbitration to effectively handle customer grievances, …

Promise And Problems In Divorce Mediation, Steven T. Knuppel

Journal of Dispute Resolution

In the past two decades, mediation in general has gained increasing acceptance in the legal community.' "[T]he search for alternative methods of resolving disputes has burgeoned to 'a movement'."2 In the divorce context, particularly, mediation has been seen by some as a more suitable process than the adversary system. 3 Proponents of mediation assert that the adversary system involves debilitating expense, frustrating delay, 4 and fails to address the emotional needs of the parties.5 Adversarial tactics often aggravate rather than resolve spousal differences, 6 though an amicable settlement might be in the best interests of both parties, especially when there …

Curtailing The Arbitrator's Power: Valid Withholding Of Jurisdictionor Judicial Flaw, Kevin L. Wibbenmeyer

Journal of Dispute Resolution

With the movement toward alternative dispute resolution comes the issue of how much freedom arbitrators will be given before the courts will find the arbitrator's rulings to be beyond their jurisdiction. This Note will provide an understanding of the decision in Cobler v. Stanley, Barber, Southard, Brown & Associates, where the court limited the power of the arbitrator. 2 Further, this Note will explain how Cobler is inconsistent with California case law which suggests that great deference shall be given to the power of arbitrators.

Whither Arbitration?—Comments, Theodore J. St. Antoine

Book Chapters

Exactly 30 years ago this month the Michigan Law Review published an article that evoked in me an emotion I must confess is the surest sign that I am in the presence of excellence-envy! The piece was entitled, "Past Practice and the Administration of Collective Bargaining Agreements." It was authored by the esteemed principal speaker at this session, and it came as close as anything I have ever read to deserving that much-overworked appellation, "definitive." It is always hazardous to try to predict the ultimate rating of a brand new vintage, but my first tasting of Dick Mittenthal's latest product …

Drafting The Dispute Resolution Clause, Whitmore Gray

Book Chapters

Providing in a contract for ways to resolve disputes that may arise presents a substantial challenge to the lawyer. In one sense, this is what a lawyer regularly does in contract drafting-anticipating misunderstandings or problems that experience has indicated are likely to arise, and trying to provide clear solutions in advance. When it comes to drafting a specific clause for the resolution of further disputes that may arise, however, many lawyers are at a substantial disadvantage. The task comes at the end of the substantive negotiations. The client does not want to focus on, or draw the other party's attention …

Table Of Contents - Issue 1

Journal of Dispute Resolution

No abstract provided.

Elizabeth Dutson Gee - 1945-1991, Lloyd Burton, Gerald Williams

Journal of Dispute Resolution

No abstract provided.

Out With The Old, In With The New: The Mini-Trial Is The New Wave In Resolving International Disputes, Mark D. Calvert

Journal of Dispute Resolution

Historically, merchants used arbitration to settle commercial disputes among themselves.1 However, the early American courts viewed arbitration unfavorably, often refusing to acknowledge its validity. 2 During the 1970's, however, the courts' attitude toward arbitration shifted. The United States Supreme Court decision, The Breman v. Zapata Off-Shore Co.,3 ushered in an era of growing acceptance toward arbitration agreements. The change in the Court's attitude has allowed businesses to provide for arbitration agreements in their contracts without fearing that their desire to avoid litigation would be thwarted

Valuation Of Cases For Settlement: Theory And Practice, Peter Toll Hoffman

Journal of Dispute Resolution

Trial lawyers frequently talk about the value of their cases when they are counseling clients' negotiating with opposing counsel, or conversing with their fellow attorneys. The term "value" may have several definitions when referring to cases, but most attorneys intend it to mean the amount at which they expect a case to settle. However, despite the frequency with which they speak of value, the subject remains cloaked with a miasma of lawyer folklore.