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Dispute Resolution and Arbitration

2004

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Articles 1 - 30 of 189

Full-Text Articles in Law

Summary Of In The Matter Of The Estate Of John W. Bowlds, 120 Nev. Adv. Rep. 100, Kristen T. Gallagher Dec 2004

Summary Of In The Matter Of The Estate Of John W. Bowlds, 120 Nev. Adv. Rep. 100, Kristen T. Gallagher

Nevada Supreme Court Summaries

An appeal from both parties regarding a court’s review of fee agreements between an estate and its attorneys.


Summary Of State V. Sutton, 120 Nev. Adv. Rep. 99, Kristen T. Gallagher Dec 2004

Summary Of State V. Sutton, 120 Nev. Adv. Rep. 99, Kristen T. Gallagher

Nevada Supreme Court Summaries

Appeal from a final judgment from a breach of contract and breach of the implied covenant of good faith and fair dealing in an employment law case.


Recognition And Enforcement Of International Commercial Arbitration Awards, Shouhua Yu Dec 2004

Recognition And Enforcement Of International Commercial Arbitration Awards, Shouhua Yu

LLM Theses and Essays

Arbitration is an effective way to solve disputes, through which parties from different countries can be partially free from anyone’s local jurisdiction. However, the recognition and enforcement of international arbitration awards still rely on the national court system. Since China opened its door to the world, more and more commercial disputes have been settled through arbitration. However, many foreign investors and writers have complained about the defects in the recognition and enforcement of arbitration awards in China. This paper will look into the causes of these defects in, and try to find ways to resolve the defects.


Security Council Mediation And The Kashmir Dispute: Reflections On Its Failures And Possibilities For Renewal, Sumathi Subbiah Dec 2004

Security Council Mediation And The Kashmir Dispute: Reflections On Its Failures And Possibilities For Renewal, Sumathi Subbiah

Boston College International and Comparative Law Review

India and Pakistan's conflict over the legal status of Kashmir threatens the security of the entire region. In its early mediation efforts, the Security Council attempted, but failed, to bring about a permanent resolution. This Note argues that one reason for the failure was the Security Council's view of the dispute as primarily a political dispute without referring sufficiently to the legal framework of Indian and Pakistani claims to Kashmir. This Note further argues that, in light of this earlier failure, the Security Council could reinsert itself as a mediator by understanding this failure and by reengaging India ...


Introduction To The Legal Foundation Of Federal Land Management, University Of Colorado Boulder. Natural Resources Law Center Dec 2004

Introduction To The Legal Foundation Of Federal Land Management, University Of Colorado Boulder. Natural Resources Law Center

Introduction to the Legal Foundation of Federal Land Management (December 1-3)

1 v. (various pagings) : ill., maps ; 28 cm

Materials prepared for the course held at the National Center for Atmospheric Research in Boulder, Colorado on December 1-3, 2004

Course instructors: Charles Wilkinson; Sarah Krakoff; Kathryn Mutz; Ann Morgan; Maggie Fox

Contents:

Introduction -- Agenda -- Summaries of laws -- Case studies. Travel management; Oil and gas development; Timber/fuels reduction -- How to influence agency decision makers -- Natural resource related legal and policy resources for the non-legal professional


Agenda: Introduction To The Legal Foundation Of Federal Land Management, University Of Colorado Boulder. Natural Resources Law Center Dec 2004

Agenda: Introduction To The Legal Foundation Of Federal Land Management, University Of Colorado Boulder. Natural Resources Law Center

Introduction to the Legal Foundation of Federal Land Management (December 1-3)

Materials prepared for the course held at the National Center for Atmospheric Research in Boulder, Colorado on December 1-3, 2004

Course instructors: Charles Wilkinson; Sarah Krakoff; Kathryn Mutz; Ann Morgan; Maggie Fox

Contents:

Introduction -- Agenda -- Summaries of laws -- Case studies. Travel management; Oil and gas development; Timber/fuels reduction -- How to influence agency decision makers -- Natural resource related legal and policy resources for the non-legal professional


The Lawyer's Role(S) In Deliberative Democracy, Carrie Menkel-Meadow Dec 2004

The Lawyer's Role(S) In Deliberative Democracy, Carrie Menkel-Meadow

Nevada Law Journal

No abstract provided.


A Plumber Responds To The Philosophers: A Comment On Professor Menkel-Meadow's Essay On Deliberative Democracy, Philip J. Harter Dec 2004

A Plumber Responds To The Philosophers: A Comment On Professor Menkel-Meadow's Essay On Deliberative Democracy, Philip J. Harter

Nevada Law Journal

No abstract provided.


Learning From Practice: What Adr Needs From A Theory Of Justice, Katherine R. Kruse Dec 2004

Learning From Practice: What Adr Needs From A Theory Of Justice, Katherine R. Kruse

Nevada Law Journal

No abstract provided.


Look Before You Leap And Keep On Looking: Lessons From The Institutionalization Of Court-Connected Mediation, Bobbie Mcadoo, Nancy A. Welsh Dec 2004

Look Before You Leap And Keep On Looking: Lessons From The Institutionalization Of Court-Connected Mediation, Bobbie Mcadoo, Nancy A. Welsh

Nevada Law Journal

No abstract provided.


Lawyers, Democracy And Dispute Resolution: The Declining Influence Of Lawyer-Statesmen Politicians And Lawyerly Values, Jeffrey W. Stempel Dec 2004

Lawyers, Democracy And Dispute Resolution: The Declining Influence Of Lawyer-Statesmen Politicians And Lawyerly Values, Jeffrey W. Stempel

Nevada Law Journal

No abstract provided.


Summary Of United Insurance Company Of America Vs. Chapman, 120 Nev. Adv. Rep. 83, Ryan Hall Nov 2004

Summary Of United Insurance Company Of America Vs. Chapman, 120 Nev. Adv. Rep. 83, Ryan Hall

Nevada Supreme Court Summaries

The Nevada Supreme Court ruled that the prejudgment interest awarded to Chapman should have been calculated pursuant to the specific interest statute, rather than the general interest statute, because the special interest statute was in effect when the judgment was entered. The district court had erred by awarding the attorney fees to Chapman, because United’s claim was brought on reasonable ground. The award of postjudgment interest awarded to Chapman was also reversed.


Summary Of Middleton Vs. Warden, 120 Nev. Adv. Rep. 74, Ryan Hall Oct 2004

Summary Of Middleton Vs. Warden, 120 Nev. Adv. Rep. 74, Ryan Hall

Nevada Supreme Court Summaries

The Nevada Supreme Court removed Middleton’s appointed appellate counsel due to substandard representation. On initial review, the Nevada Supreme Court ordered Middleton's counsel to submit an amended brief, limited to 80 pages. Counsel's "amended" brief was simply the original brief with the final few pages removed so as to meet the 80-page requirement. Counsel had repeatedly violated court orders, and the work product he ultimately submitted was unacceptable for representation of a client who was facing a death sentence.


A Survival Guide For Small Businesses: Avoiding The Pitfalls In International Dispute Resolution, Susan Franck Oct 2004

A Survival Guide For Small Businesses: Avoiding The Pitfalls In International Dispute Resolution, Susan Franck

Articles in Law Reviews & Other Academic Journals

In the past decade, the number of small, entrepreneurial businesses participating in the global economy has tripled. With this increase comes a rise in the number of cross-border commercial disputes. The unwary small business, not familiar with international transactions, may commit errors that adversely affect their ability to do and stay in business. This article focuses on analyzing which methods small businesses should use in constructing their dispute resolution provisions and how to avoid errors in drafting and negotiation.


Refreshing Contractual Analysis Of Adr Agreements By Curing Bipolar Avoidance Of Modern Common Law, Amy J. Schmitz Oct 2004

Refreshing Contractual Analysis Of Adr Agreements By Curing Bipolar Avoidance Of Modern Common Law, Amy J. Schmitz

Faculty Publications

Law governing enforcement of ADR agreement not governed by the Federal Arbitration Act (FAA) has been uncertain, and often aimless. This Article therefore calls for clarification of this law, through development of a modern contractual approach for enforcing these non-FAA ADR procedures. Although courts may look to the FAA as a resource for evaluating and developing an enforcement approach, they also should employ modern contract and remedy tools that are more adaptive than the Act's summary enforcement because it allow courts to consider contextual, relational, and equitable factors when determining application of specific enforcement remedies. This allows courts to ...


Current Issues In The Enforcement Of International Arbitration Awards, Joseph E. Neuhaus Oct 2004

Current Issues In The Enforcement Of International Arbitration Awards, Joseph E. Neuhaus

University of Miami Inter-American Law Review

No abstract provided.


Clash And Convergence On Ethical Issues In International Arbitration, John M. Townsend Oct 2004

Clash And Convergence On Ethical Issues In International Arbitration, John M. Townsend

University of Miami Inter-American Law Review

No abstract provided.


The Recent Wave Of Arbitrations Against Argentina Under Bilateral Investment Treaties: Background And Principal Legal Issues, Paolo Di Rosa Oct 2004

The Recent Wave Of Arbitrations Against Argentina Under Bilateral Investment Treaties: Background And Principal Legal Issues, Paolo Di Rosa

University of Miami Inter-American Law Review

No abstract provided.


Toward A Contractual Approach To Arbitral Immunity, Peter B. Rutledge Oct 2004

Toward A Contractual Approach To Arbitral Immunity, Peter B. Rutledge

Scholarly Works

This Article breaks from conventional wisdom in both case law and scholarship. It proposes a simple but novel thesis: Arbitrators and arbitral institutions, in cases of voluntary submission of disputes, should not be entitled to any form of legal immunity. Instead, any limit on or waiver of the arbitrator's or institution's liability should come in the form of a contractual release-either adopted in the parties' arbitration agreement or negotiated between the parties and the arbitrator.

Central to this thesis is a distinction between two types of immunity. The first form of immunity is “contractual immunity.” The hallmark of ...


The Ethics Of The Adversary System, Greg S. Sergienko Sep 2004

The Ethics Of The Adversary System, Greg S. Sergienko

ExpressO

This article considers many commonly advanced criticisms of the adversary system. It provides an analytic framework that includes the likely results of changed ethical rules and that distinguishes and analyzes separately two different possible goals of the system, seeking the truth and promoting justice. The article is also unusual in the range of supporting materials that it synthesizes, which includes contributions from economic theory, psychological studies, philosophy, and traditional legal ethics.

The article concludes that changes in ethical codes meant to increase lawyers' duty to promote the truth will have a perverse result, decreasing the accuracy of litigation. This will ...


Summary Of Bohlmann V. Printz, 120 Nev. Adv. Rep. 62, Z. Ryan Pahnke Sep 2004

Summary Of Bohlmann V. Printz, 120 Nev. Adv. Rep. 62, Z. Ryan Pahnke

Nevada Supreme Court Summaries

No abstract provided.


Good Faith In The Cisg: Interpretation Problems In Article 7, Benedict C. Sheehy Aug 2004

Good Faith In The Cisg: Interpretation Problems In Article 7, Benedict C. Sheehy

ExpressO

ABSTRACT: This article examines the dispute concerning the meaning of Good Faith in the CISG. Although there are good reasons for arguing a more limited interpretation or more limited application of Good Faith, there are also good reasons for a broader approach. Regardless of the correct interpretation, however, practitioners and academics need to have a sense of where the actual jurisprudence is going. This article reviews every published case on Article 7 since its inception and concludes that while there is little to suggest a strong pattern is developing, a guided pattern while incorrect doctrinally is preferable to the current ...


Evaluating Work: Enforcing Occupational Safety And Health Standards In The United States, Canada And Sweden, Daniel B. Klaff Aug 2004

Evaluating Work: Enforcing Occupational Safety And Health Standards In The United States, Canada And Sweden, Daniel B. Klaff

ExpressO

The United States’ occupational safety and health enforcement system is breaking down. Klaff argues that much of this breakdown has to do with a fundamental lack of worker participation in the United States’ safety and health system. Klaff makes his case by comparing and contrasting the history and enforcement schemes of the United States, Canada, and Sweden. After arguing for economic rights as human rights, Klaff concludes by offering a set of recommendations for the United States’ occupational safety and health system based upon his value-centered analysis.


Clasificación De Las Causas De La Revocación De Sentencias Por Operación Del Recurso Extraordinario (Gráficos), Horacio M. Lynch Aug 2004

Clasificación De Las Causas De La Revocación De Sentencias Por Operación Del Recurso Extraordinario (Gráficos), Horacio M. Lynch

Horacio M. LYNCH

No abstract provided.


Settling Significant Cases, Jeffrey R. Seul Aug 2004

Settling Significant Cases, Jeffrey R. Seul

Washington Law Review

Negotiation, mediation, and other consensus-based alternatives to litigation are most often studied and defended in the context of ordinary disputes, in which liability and distributive issues are contested, but the background norms that govern the outcome of a lawsuit are not. Many consider adjudication to be the only acceptable process for addressing "significant cases": disputes about abortion, school prayer, the environment, and other value-laden issues in which background norms are contested. I argue that this perspective is ironic because litigation, like negotiation, entails compromise. Litigation is a lottery in which the substantive values a party seeks to defend, and which ...


Remembering The Role Of Justice In Resolution: Insights From Procedural And Social Justice Theories, Nancy A. Welsh Aug 2004

Remembering The Role Of Justice In Resolution: Insights From Procedural And Social Justice Theories, Nancy A. Welsh

Faculty Scholarship

It is surely a luxury, at this point in the field of dispute resolution, to be invited to identify those concepts that I view as absolutely essential to our canon. Borrowing a bit from Chris Guthrie's wine illustration, I think it is fair to suggest that today's presentations reveal a very impressive wine cellar, with many bottles of fine wine from which to choose. I will spotlight one part of this wine cellar, where concepts regarding procedural and social justice theories can be found. I will focus primarily on procedural justice but will also reference those theories of ...


The Dilution Effect: Federalization, Fair Cross-Sections, And The Concept Of Community, Laura G. Dooley Jul 2004

The Dilution Effect: Federalization, Fair Cross-Sections, And The Concept Of Community, Laura G. Dooley

ExpressO

The question of the relevant community from which a fair cross-section of jurors should be drawn has received little theoretical attention. This article seeks to fill that gap by using communitarian and postmodern theory to give content to the idea of "community" in the fair cross-section context. This analysis is timely and has grave practical importance, given that the federal government is increasingly assuming the prosecution of crime previously dealt with at the state level. This "federalization" of criminal enforcement has the second-order effect of changing the "community" from which criminal juries will be drawn, particularly in urban areas surrounded ...


Amicus Curiae: Intervención De Amigos Del Tribunal, Horacio M. Lynch, María Clara Pujol Jul 2004

Amicus Curiae: Intervención De Amigos Del Tribunal, Horacio M. Lynch, María Clara Pujol

Horacio M. LYNCH

Cuadro realizado en base a la Acordada 28/2004 (14Jul04) de la Corte Suprema de Justicia de la Nación.


The Vanishing Trial Report, John M. Lande Jul 2004

The Vanishing Trial Report, John M. Lande

Faculty Publications

Some in the alternative dispute resolution community are afraid that ADR will be blamed for the apparent disappearance of trials. A close look at the data, however, suggests that changing patterns of litigation are not necessarily bad and that the growth of ADR is probably as much a result of these changes as a cause of them.


Through Fault Of Their Own—Applying Bonner Mall's Extraordinary Circumstances Test To Heightened Standard Of Review Clauses, Bradley T. King Jul 2004

Through Fault Of Their Own—Applying Bonner Mall's Extraordinary Circumstances Test To Heightened Standard Of Review Clauses, Bradley T. King

Boston College Law Review

Since 2001, the federal circuit courts of appeals have remained split on the propriety of enforcing heightened standard of review clauses contained in arbitration agreements governed by the Federal Arbitration Act (the "FAA"). After reviewing the history of arbitral awards and the text, structure, and legislative history of the FAA as well as the U.S. Supreme Court's interpretation of the FAA, this Note proposes a resolution to the heightened-review circuit split, which is consistent with the FAA's proarbitration policy and U.S. Supreme Court precedent. This Note's proposed resolution would require courts to reject heightened-review clauses ...