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Dispute Resolution and Arbitration

2007

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Articles 1 - 30 of 215

Full-Text Articles in Law

Summary Of Hsu V. County Of Clark, 123 Nev. Adv. Op. No. 60, Diane L. Welch Dec 2007

Summary Of Hsu V. County Of Clark, 123 Nev. Adv. Op. No. 60, Diane L. Welch

Nevada Supreme Court Summaries

This case is an appeal from a district court order, entered on remand, dismissing an inverse condemnation action. While the current appeal was pending, the Nevada Supreme Court decided an intervening case with substantively similar facts which changed Nevada law when analyzing airspace takings.


Summary Of Sfpp, L.P. V. Dist. Ct., 123 Nev. Adv. Op. No. 56, Jared Christensen Dec 2007

Summary Of Sfpp, L.P. V. Dist. Ct., 123 Nev. Adv. Op. No. 56, Jared Christensen

Nevada Supreme Court Summaries

Appeal for writ of prohibition to determine if a district court can retain jurisdiction over disputes from a settlement agreement between parties, after the district court previously dismissed the case with prejudice.ve-flas


Empirically Evaluating Claims About Investment Treaty Arbitration, Susan Franck Dec 2007

Empirically Evaluating Claims About Investment Treaty Arbitration, Susan Franck

Articles in Law Reviews & Other Academic Journals

With the blossoming of empirical legal scholarship, there is an increased appreciation for the insights it offers issues of international importance. One area that can benefit from such inquiry is the resolution of disputes from investment treaties, which affects international relations, implicates international legality of domestic government conduct, and puts millions of taxpayer dollars at risk. While suggesting there has been a "litigation explosion", commentators make untested assertions about investment treaty disputes. Little empirical work transparently explores this area, however. As the first research that explains its methodology and results, this article is a modest attempt to evaluate claims about …


Integrating Investment Treaty Conflict And Dispute Systems Design, Susan Franck Nov 2007

Integrating Investment Treaty Conflict And Dispute Systems Design, Susan Franck

Articles in Law Reviews & Other Academic Journals

With the debate on the renewal of the Trade Promotion Authority Act, the proper terms of investment treaties - including dispute resolution provisions - have become an issue of public scrutiny. In a so-called litigation explosion, investors resolve disputes against host governments through international arbitration mechanisms in investment treaties; and there is little evidence of reliance on other processes like mediation. This escalation has lead to a teething period where parties and non-parties have expressed divergent views as to the efficacy, efficiency and fairness of the dispute resolution process. With billions of dollars and sovereignty at stake, the dispute resolution …


Should Or Must? Nature Of The Obligation Of States To Use Trade Instruments For The Advancement Of Environmental, Labor, And Other Human Rights, Stephen Powell Oct 2007

Should Or Must? Nature Of The Obligation Of States To Use Trade Instruments For The Advancement Of Environmental, Labor, And Other Human Rights, Stephen Powell

Stephen Joseph Powell

States have been careful to couch their human rights commitments in terms that avoid binding and measurable actions to ensure the human rights either of their own citizens or those in other countries. Despite the promise of a dozen U.N. treaties, states continue to equivocate as to measures necessary to meet critical individual needs. This essay argues that, nonetheless, the question whether economically powerful states may be held to human rights observance is not solely moral in nature. Instead, through a combination of treaties, custom, and historical facts, the human rights obligation of developed states has taken on penumbral legal …


Using The Unidroit Principles To Fill Gaps In The Cisg, John Y. Gotanda Oct 2007

Using The Unidroit Principles To Fill Gaps In The Cisg, John Y. Gotanda

Working Paper Series

The United Nations Convention on the International Sale of Goods (CISG) sets forth only a basic framework for the recovery of damages, thereby giving a court of tribunal broad authority to determine an aggrieved party’s loss based on circumstances of the particular case. Unfortunately, the lack of specificity has resulted in much litigation, and seemingly conflicting results. To remedy this problem, some have argued that the gaps in the CISG damages provisions should be filled with the UNIDROIT Principles of International Commercial Contracts. In this paper, I argue that the gap-filling rules of CISG preclude the UNIDROIT Principles from being …


Prejudgment Interest In International Arbitration, Jeffrey M. Colon, Michael S. Knoll Oct 2007

Prejudgment Interest In International Arbitration, Jeffrey M. Colon, Michael S. Knoll

All Faculty Scholarship

Tribunals in international arbitration are regularly asked by claimants to award prejudgment interest. Unless foreclosed by an agreement between the parties, there is widespread agreement prejudgment interest should put the claimant in the same position as it would have been had it not been injured by the respondent. However, there is little consensus how to calculate prejudgment interest in order to accomplish that purpose. In this Essay, we describe the proper method of calculating prejudgment interest based on sound financial principles. Using the paradigm that the respondent has forced the claimant to make an involuntary loan to the respondent, we …


Summary Of Arnold V. Kip, 123 Nev. Adv. Op. No. 41, Barbara Mcdonald Oct 2007

Summary Of Arnold V. Kip, 123 Nev. Adv. Op. No. 41, Barbara Mcdonald

Nevada Supreme Court Summaries

No abstract provided.


Summary Of Leven V. Frey, 123 Nev. Adv. Op. No. 40, William Miller Oct 2007

Summary Of Leven V. Frey, 123 Nev. Adv. Op. No. 40, William Miller

Nevada Supreme Court Summaries

This appeal clarifies the procedure and standard for judgment renewal, under NRS 17.214. The Nevada Supreme Court held that an individual must show timely filing of an affidavit, timely recording of the affidavit (if the judgment to be renewed was recorded), and timely service of the affidavit. Furthermore, the statutory language requires strict compliance.


Summary Of Clark Cty. Sch. Dist. V. Richardson Constr., 123 Nev. Adv. Op. 39, Danielle Tarmu Oct 2007

Summary Of Clark Cty. Sch. Dist. V. Richardson Constr., 123 Nev. Adv. Op. 39, Danielle Tarmu

Nevada Supreme Court Summaries

Appeal from judgment awarding $225,000 to Richardson Construction and order imposing sanctions upon Clark County School District (hereinafter “CCSD”).


A Special Publication, Richard C. Reuben Oct 2007

A Special Publication, Richard C. Reuben

Faculty Publications

As he notes, Richard Reuben was not the first editor of this magazine. But he was surely the dominant one. He took over the position in the spring issue of 1997, and over the ensuing decade he has left an indelible mark of excellence and professionalism on the publication.


Process Purity And Innovation In Dispute Resolution: A Response To Professors Stempel, Cole, And Drahozal, Richard C. Reuben Oct 2007

Process Purity And Innovation In Dispute Resolution: A Response To Professors Stempel, Cole, And Drahozal, Richard C. Reuben

Faculty Publications

This article uses a "process characteristics and values" approach to make the case against displacing arbitration finality with substantive judicial review. It responds to a trio of articles in a forthcoming Nevada Law Review symposium on whether and how the Federal Arbitration Act should be amended. In one article, Nevada Law Professor Jeffrey Stempel contends all arbitration awards should be subject to substantive judicial review similar to that of public trial courts. In a second article, Ohio State Professor Sarah Cole argues that substantive review should generally be permitted when the parties agree to it by contract, an issue now …


C-Drum News, V. 1, No. 1, Fall 2007 Oct 2007

C-Drum News, V. 1, No. 1, Fall 2007

The C-DRUM News

No abstract provided.


Introduction: Dreaming About Arbitration Reform, Jean R. Sternlight Oct 2007

Introduction: Dreaming About Arbitration Reform, Jean R. Sternlight

Nevada Law Journal

No abstract provided.


In Defense Of Mandatory Binding Arbitration (If Imposed On The Company), Jean R. Sternlight Oct 2007

In Defense Of Mandatory Binding Arbitration (If Imposed On The Company), Jean R. Sternlight

Nevada Law Journal

No abstract provided.


The Arrival Of The "Have-Nots" In International Arbitration, Catherine A. Rogers Oct 2007

The Arrival Of The "Have-Nots" In International Arbitration, Catherine A. Rogers

Nevada Law Journal

No abstract provided.


Dangers Of Deference To Form Arbitration Provisions, Amy J. Schmitz Oct 2007

Dangers Of Deference To Form Arbitration Provisions, Amy J. Schmitz

Nevada Law Journal

No abstract provided.


Measures To Encourage And Reward Post-Dispute Agreements To Arbitrate Employment Discrimination Claims, Michael Z. Green Oct 2007

Measures To Encourage And Reward Post-Dispute Agreements To Arbitrate Employment Discrimination Claims, Michael Z. Green

Nevada Law Journal

No abstract provided.


Determining An Arbitrator's Jurisdiction: Timing And Finality In American Law, William W. Park Oct 2007

Determining An Arbitrator's Jurisdiction: Timing And Finality In American Law, William W. Park

Nevada Law Journal

No abstract provided.


Federal Common Law And Arbitral Power, Alan Scott Rau Oct 2007

Federal Common Law And Arbitral Power, Alan Scott Rau

Nevada Law Journal

No abstract provided.


Revising The Faa To Permit Expanded Judicial Review Of Arbitration Awards, Sarah Rudolph Cole Oct 2007

Revising The Faa To Permit Expanded Judicial Review Of Arbitration Awards, Sarah Rudolph Cole

Nevada Law Journal

No abstract provided.


Codifying Manifest Disregard, Christopher R. Drahozal Oct 2007

Codifying Manifest Disregard, Christopher R. Drahozal

Nevada Law Journal

No abstract provided.


Keeping Arbitrations From Becoming Kangaroo Courts, Jeffrey W. Stempel Oct 2007

Keeping Arbitrations From Becoming Kangaroo Courts, Jeffrey W. Stempel

Nevada Law Journal

No abstract provided.


Process Purity And Innovation: A Response To Professors Stempel, Cole, And Drahozal, Richard C. Reuben Oct 2007

Process Purity And Innovation: A Response To Professors Stempel, Cole, And Drahozal, Richard C. Reuben

Nevada Law Journal

No abstract provided.


The Minimal Role Of Federalism And State Law In Arbitration, Edward Brunet Oct 2007

The Minimal Role Of Federalism And State Law In Arbitration, Edward Brunet

Nevada Law Journal

No abstract provided.


Consideration Of 'Contracting Culture' In Enforcing Arbitration Provisions, Amy J. Schmitz Oct 2007

Consideration Of 'Contracting Culture' In Enforcing Arbitration Provisions, Amy J. Schmitz

Faculty Publications

The Federal Arbitration Act mandates strict and uniform enforcement of standardized pre-dispute arbitration provisions. This may not be proper, however, in light of the importance of context with respect to these provisions. This Article therefore seeks to remind courts of the importance of exchange context by proposing a "contracting culture" continuum for enforcing these arbitration provisions that acknowledges the impacts of these provisions in a particular communal context. "Contracting culture" encompasses economic and non-economic relational factors that impact dispute resolution agreements, but go beyond common conceptions of "culture" focused on ethnicity, nationality, or religion. It also explores beyond the primary …


Extending Owbpa Notice And Consent Protections To Arbitration Agreements Involving Employees And Consumers, Christopher J. Kippley, Richard A. Bales Oct 2007

Extending Owbpa Notice And Consent Protections To Arbitration Agreements Involving Employees And Consumers, Christopher J. Kippley, Richard A. Bales

Nevada Law Journal

No abstract provided.


Arbitration Law's Separability Doctrine After Buckeye Check Cashing, Inc. V. Cardegna, Stephen J. Ware Oct 2007

Arbitration Law's Separability Doctrine After Buckeye Check Cashing, Inc. V. Cardegna, Stephen J. Ware

Nevada Law Journal

No abstract provided.


Parties' Power To Vary Standards For Review Of International Commercial Arbitration Awards, Richard E. Speidel Oct 2007

Parties' Power To Vary Standards For Review Of International Commercial Arbitration Awards, Richard E. Speidel

Nevada Law Journal

No abstract provided.


If You Love Arbitration, Set It Free: How "Mandatory" Undermines "Arbitration", David S. Schwartz Oct 2007

If You Love Arbitration, Set It Free: How "Mandatory" Undermines "Arbitration", David S. Schwartz

Nevada Law Journal

No abstract provided.