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Dispute Resolution and Arbitration

2009

Selected Works

Arbitration

Articles 1 - 6 of 6

Full-Text Articles in Law

Arbitration In Argentina, Felipe Eduardo Zabalza, Martín Torres Girotti Oct 2009

Arbitration In Argentina, Felipe Eduardo Zabalza, Martín Torres Girotti

Felipe Eduardo Zabalza

The article is an analysis of arbitration law and procedures in Argentina, as well as recent decisions by the Courts.

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Recent Private International Law Developments Before The Supreme Court Of Canada, Antonin I. Pribetic Mar 2009

Recent Private International Law Developments Before The Supreme Court Of Canada, Antonin I. Pribetic

Antonin I. Pribetic

A trilogy of interesting cases involving private international law recently wended their way to the Supreme Court of Canada: (1) King v. Drabinsky (an Ontario case addressing the applicability of the Charter in respect of the enforcement of a foreign judgment); (2) Teck Cominco Metals Ltd. v. Lloyd's Underwriters (a British Columbia case involving declaratory relief in the context of parallel proceedings and forum non conveniens); and (3) Yugraneft v. Rexx Management Corporation (an Alberta case which affirmed that the two-year limitation period under s.3 of Alberta's Limitations Act, governs when a party seeks the recognition and enforcement in Alberta …

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Speaker, “Process And Pitfalls Of Confirming Piskei Din As Arbitration Awards”, Michael Helfand Jan 2009

Speaker, “Process And Pitfalls Of Confirming Piskei Din As Arbitration Awards”, Michael Helfand

Michael A Helfand

No abstract provided.

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Deconstructing Public Policy: International Arbitration Law And The Enforcement Of Foreign Awards In India, Aditya Swarup Jan 2009

Deconstructing Public Policy: International Arbitration Law And The Enforcement Of Foreign Awards In India, Aditya Swarup

Aditya Swarup

No abstract provided.

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Simply A Dress Rehearsal? U.S. Olympic Sports Arbitration And De Novo Review At The Court Of Arbitration For Sport, Maureen A. Weston Prof. Dec 2008

Simply A Dress Rehearsal? U.S. Olympic Sports Arbitration And De Novo Review At The Court Of Arbitration For Sport, Maureen A. Weston Prof.

Maureen A Weston

This article discusses issues that can arise when American atheletes attempt to deal with the web of national and international dispute resolution procedures and the emerging lex sportiva, which govern international sports. Specifically, it examines the reasons why the American court system cannot assist American athletes who submit to international sports dispute resolution procedures. Congress has designated the United States Olympic Committee (USOC) as the domestic organization that handles disputes involving Olympic-eligible American athletes. If the USOC declares an athlete ineligible or hands down some other sanction, the case can be submitted to the American Arbitration Association (AAA), the tribunal …

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Bankruptcy Law's Treatment Of Creditors' Jury-Trial And Arbitration Rights, Stephen Ware Dec 2008

Bankruptcy Law's Treatment Of Creditors' Jury-Trial And Arbitration Rights, Stephen Ware

Stephen Ware

Bankruptcy law treats the constitutional jury right with less deference than the, merely statutory, right to arbitrate. But this apparent anomaly is actually the plausible result of a limitation within the Seventh Amendment jury right, its applicability only to claims at law but not claims in equity. The right to arbitrate is not similarly limited. So creditors seeking to arbitrate claims by and against debtors in bankruptcy are not defeated by longstanding holdings placing such claims on the equity side of the law/equity line. In contrast, creditors seeking jury trials of claims by and against debtors in bankruptcy are defeated …

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