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Articles 1 - 10 of 10
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.
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. '
Arbitration: Back To The Future, Theodore J. St. Antoine
Arbitration: Back To The Future, Theodore J. St. Antoine
Other Publications
A strong new ideological current is sweeping through much of the Western World. At one extreme it manifests itself as a deep distrust of big government. In more modest form, it is a sense of skepticism or disillusionment about the capacity of big government to deal effectively with the problems confronting our society. In continental Europe today there is much talk of the principle of "subsidiarity," the notion that social and economic ills should be treated at the lowest level feasible, usually the level closest to the people directly affected. In the United States there is much talk of "privatization," …
Panacea Or Corporate Tool?: Debunking The Supreme Court's Preference For Binding Arbitration, Jean R. Sternlight
Panacea Or Corporate Tool?: Debunking The Supreme Court's Preference For Binding Arbitration, Jean R. Sternlight
Scholarly Works
This article examines the increasing use of contracts of adhesion in which companies require consumers, employees, franchisees and other "little guys" to submit disputes with the company to binding arbitration. The article argues that the Supreme Court's current preference for such agreements is not statutorily well-founded. Specifically, it contends that the Federal Arbitration Act was not intended to make such agreements binding on unknowing consumers or employees. Turning next to policy analysis, the article asserts that the Supreme Court has erred in expressing a preference for binding arbitration in cases where such arbitration was not knowingly and voluntarily accepted by …
Amazon Burning And The World Bank: Lessons From The Second World Bank Inspection Panel Claim, David Hunter
Amazon Burning And The World Bank: Lessons From The Second World Bank Inspection Panel Claim, David Hunter
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Bootstrapping And Slouching Toward Gomorrah: Arbitral Infatuation And The Decline Of Consent, Jeffrey W. Stempel
Bootstrapping And Slouching Toward Gomorrah: Arbitral Infatuation And The Decline Of Consent, Jeffrey W. Stempel
Scholarly Works
The Seventh Amendment to the Constitution preserves for litigants a right to a jury trial in actions at law. The right to a jury trial does not attach for equitable actions, but in cases presenting claims for both legal and equitable relief a right to a jury trial exists for common questions of fact. Although many modern statutes and claims did not exist in 1791, the Amendment has been interpreted to require a jury trial of statutory claims seeking monetary damages, the classic form of legal relief, so long as there is a relatively apt analogy between the modern statutory …
Models Of Quality For Third Parties In Alternative Dispute Resolution, Carole Silver
Models Of Quality For Third Parties In Alternative Dispute Resolution, Carole Silver
Articles by Maurer Faculty
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 …
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.
Globalisation Of Contract Law: Rules For Commercial Contracts In The 21st Century, Whitmore Gray
Globalisation Of Contract Law: Rules For Commercial Contracts In The 21st Century, Whitmore Gray
Articles
This is a paper given at the Asia-Pacific Lawyers Association meeting held in Bangkok in November 1995. The author describes the principles of international commercial contracts published in 1994 by the International Institute for the Unification of Private Law. Professor Gray sees a new era of harmonisation of contract law. An appendix gives an abstract of a contract law decision given by an Austrian Court in 1994.