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Dispute Resolution and Arbitration

2010

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Articles 1 - 30 of 228

Full-Text Articles in Law

Summary Of Bahena V. Goodyear Tire & Rubber Co., 126 Nev. Adv. Op. No. 57, Michael Gianelloni Dec 2010

Summary Of Bahena V. Goodyear Tire & Rubber Co., 126 Nev. Adv. Op. No. 57, Michael Gianelloni

Nevada Supreme Court Summaries

The Nevada Supreme Court denied Goodyear’s request for a rehearing regarding the Court’s ruling in Bahena I.2 Additionally, the Court clarified that evidentiary hearings are not mandatory for non-case concluding sanctions.


Summary Of Saavedra-Sandoval V. Wal-Mart Stores, Inc., 126 Nev. Adv. Op. No. 55, Kammi Rencher Dec 2010

Summary Of Saavedra-Sandoval V. Wal-Mart Stores, Inc., 126 Nev. Adv. Op. No. 55, Kammi Rencher

Nevada Supreme Court Summaries

A plaintiff in a tort action appealed from a district court order denying her motion to enlarge time for service of process.


Summary Of Yonker Construction, Inc. V. Hulme, 126 Nev. Adv. Op. 54, Justin Shiroff Dec 2010

Summary Of Yonker Construction, Inc. V. Hulme, 126 Nev. Adv. Op. 54, Justin Shiroff

Nevada Supreme Court Summaries

The Court considered an appeal from a district court order expunging a mechanic’s lien under NRS 108.2275.


Third Party Access And Refusal To Deal In European Energy Networks: How Sector Regulation And Competition Law Meet Each Other, Michael Diathesopoulos Dec 2010

Third Party Access And Refusal To Deal In European Energy Networks: How Sector Regulation And Competition Law Meet Each Other, Michael Diathesopoulos

Michael Diathesopoulos

In this paper, we will analyse the issue of concurrence between competition and sector rules and the relation between parallel concepts within the two different legal frameworks. We will firstly examine Third Party Access in relation to essential facilities doctrine and refusal of access and we will identify the common points and objectives of these concepts and the extent to which they provide a context to each other’s implementation. Second, we will focus on how Commission uses sector regulation and objectives as a context within the process of implementation of competition law in the energy sector and third, we ...


Summary Of Awada V. Shuffle Master, Inc., 123 Nev. Adv. Op. No. 57, Magali Calderon Dec 2010

Summary Of Awada V. Shuffle Master, Inc., 123 Nev. Adv. Op. No. 57, Magali Calderon

Nevada Supreme Court Summaries

No abstract provided.


Problem-Solving Advocacy In Mediations: A Model Of Client Representation, Harold Abramson Dec 2010

Problem-Solving Advocacy In Mediations: A Model Of Client Representation, Harold Abramson

Harold I. Abramson

No abstract provided.


Selecting Mediators And Representing Clients In Cross-Cultural Disputes, Harold Abramson Dec 2010

Selecting Mediators And Representing Clients In Cross-Cultural Disputes, Harold Abramson

Harold I. Abramson

This article was originally published as Selecting Mediators and Representing Clients in Cross-Cultural Disputes, 7 CARDOZO J. CONFLICT RESOL. 253 (2006).


Crossing Borders Into New Ethical Territory: Ethical Challenges When Mediating Cross-Culturally, Harold Abramson Dec 2010

Crossing Borders Into New Ethical Territory: Ethical Challenges When Mediating Cross-Culturally, Harold Abramson

Harold I. Abramson

No abstract provided.


Summary Of Moon V. Mcdonald, Carano & Wilson, Llp, 129 Nev. Adv. Op. 56, David Rothenburg Dec 2010

Summary Of Moon V. Mcdonald, Carano & Wilson, Llp, 129 Nev. Adv. Op. 56, David Rothenburg

Nevada Supreme Court Summaries

No abstract provided.


Selecting Mediators And Representing Clients In Cross-Cultural Disputes, Harold Abramson Dec 2010

Selecting Mediators And Representing Clients In Cross-Cultural Disputes, Harold Abramson

Harold I. Abramson

This article was originally published as Selecting Mediators and Representing Clients in Cross-Cultural Disputes, 7 CARDOZO J. CONFLICT RESOL. 253 (2006).


Problem-Solving Advocacy In Mediations: A Model Of Client Representation, Harold Abramson Dec 2010

Problem-Solving Advocacy In Mediations: A Model Of Client Representation, Harold Abramson

Harold I. Abramson

No abstract provided.


Summary Of Wyeth V. Rowatt, 126 Nev. Adv. Op. No. 44, Yam Xiong Li Nov 2010

Summary Of Wyeth V. Rowatt, 126 Nev. Adv. Op. No. 44, Yam Xiong Li

Nevada Supreme Court Summaries

No abstract provided.


Efficient, Fair, And Incomprehensible: How The State 'Sells' Its Judiciary, Keith Bybee, Heather Pincock Nov 2010

Efficient, Fair, And Incomprehensible: How The State 'Sells' Its Judiciary, Keith Bybee, Heather Pincock

Keith J. Bybee

Sociolegal scholars often approach dispute resolution from the perspective of the disputants, emphasizing how the resources on each side shape the course of conflict. We suggest a different, “supply-side” perspective. Focusing on the state’s efforts to establish centralized courts in place of local justice systems, we consider the strategies that a supplier of dispute resolving services uses to attract disputes for resolution. We argue that state actors often attempt to “sell” centralized courts to potential litigants by insisting that the state’s services are more efficient and fair than local courts operating outside direct state control. Moreover, we argue ...


The End Of Mandatory Securities Arbitration?, Jill I. Gross Nov 2010

The End Of Mandatory Securities Arbitration?, Jill I. Gross

Pace Law Review

No abstract provided.


Summary Of Elyousef V. O’Reilly & Ferrario, Llc, 126 Nev. Adv. Op. No. 43, Ashley C. Nikkel Nov 2010

Summary Of Elyousef V. O’Reilly & Ferrario, Llc, 126 Nev. Adv. Op. No. 43, Ashley C. Nikkel

Nevada Supreme Court Summaries

An appeal from a summary judgment in a legal malpractice action.


Resolving Incompatibilities Of Bilateral Investment Treaties Of The Eu Member States With The Ec Treaty: Individual And Collective Options, Ahmad Ali Ghouri Nov 2010

Resolving Incompatibilities Of Bilateral Investment Treaties Of The Eu Member States With The Ec Treaty: Individual And Collective Options, Ahmad Ali Ghouri

Ahmad Ali Ghouri

Bilateral Investment Treaties (BITs) concluded by the EU Member States contain substantially similar clauses, including free movement of capital and investor-to-state dispute resolution. Article 307 EC provides for the primacy of pre-accession treaties over the EC Treaty and simultaneously requires the Member States to eliminate their mutual incompatibilities. The European Court of Justice has declared that free movement of capital clauses of Austrian and Swedish pre-accession extra-EU BITs are incompatible with the EC Treaty as they will impede any restrictions on the movement of capital imposed as future Community legislation. A similar ‘free movement of capital’ clause is present in ...


Uso Social Del Suelo Ejidal Y Comunal Para El Desarrollo Equilibrado De Las Áreas Urbanas Del Estado De Puebla, Bruno L. Costantini García Nov 2010

Uso Social Del Suelo Ejidal Y Comunal Para El Desarrollo Equilibrado De Las Áreas Urbanas Del Estado De Puebla, Bruno L. Costantini García

Bruno L. Costantini García

De origen, difundir los diversos esquemas permitidos por la Ley para posibilitar la realización de proyectos con fines inmobiliarios, a efecto de que los núcleos agrarios y sus integrantes se beneficien equitativamente de la urbanización de sus tierras, coadyuvando con ello al desarrollo urbano planificado y ordenado de los centros de población del Estado de Puebla; como consecuencia, impulsar el desarrollo habitacional equilibrado de éste. Eliminar el circulo.- “necesidad de tierra – asentamiento irregular – solución de conflicto”, mediante la planeación socioeconómico de los núcleos agrarios ejidales y comunales, a fin de diseñar un mecanismo eficaz que satisfaga las necesidades de los ...


Speaker, “Fighting For The Debtor’S Soul: Church Autonomy, Religious Arbitration And Bankruptcy’S Automatic Stay”, Michael Helfand Nov 2010

Speaker, “Fighting For The Debtor’S Soul: Church Autonomy, Religious Arbitration And Bankruptcy’S Automatic Stay”, Michael Helfand

Michael A Helfand

No abstract provided.


Between A Rock And A Hard Place: The Plight Of Health Care Arbitration Agreements Under Federal Law, James C. Dunkelberger Nov 2010

Between A Rock And A Hard Place: The Plight Of Health Care Arbitration Agreements Under Federal Law, James C. Dunkelberger

BYU Law Review

No abstract provided.


Redemption And Resistance: Lessons In Non-Violent Action From Early Aotearoa/New Zealand, Ian Macduff Nov 2010

Redemption And Resistance: Lessons In Non-Violent Action From Early Aotearoa/New Zealand, Ian Macduff

Research Collection School Of Law

This article provides a brief account of the non-violent resistance of two Maori chiefs, Te Whiti and Tohu, in 19th century New Zealand. Each example of such non-violent or passive resistance is unique to its historical and cultural context; but at the same time there is a tangible common ground between this example and those found elsewhere, such as Martin Luther King and Gandhi. This article will also draw a link between the politics of acts of resistance – in this case, resistance to the forceful acquisition of Maori land – and faith-based justifications. In conclusion, it will be suggested that, despite ...


Llm Cyberlaw: Information Technology, Law And Society, Subhajit Basu Oct 2010

Llm Cyberlaw: Information Technology, Law And Society, Subhajit Basu

Subhajit Basu

LLM in Cyberlaw: information technology, law and society enables you to develop knowledge and skills in relation to the legal rules regulating cyberlaw activity in the UK and Europe, and at a global level.


World Government – The Context Of Shared Sovereignty, Nikola S. Georgiev Oct 2010

World Government – The Context Of Shared Sovereignty, Nikola S. Georgiev

Nikola S Georgiev

World Government – the context of shared sovereignty


The Relationship Between Trade Law And Human Rights Of Workers – The Proposition To Incorporate A Social Clause Into The World Trade Organisation, Nikola S. Georgiev Oct 2010

The Relationship Between Trade Law And Human Rights Of Workers – The Proposition To Incorporate A Social Clause Into The World Trade Organisation, Nikola S. Georgiev

Nikola S Georgiev

The relationship between Trade Law and Human Rights of Workers – the proposition to incorporate a Social Clause into the World Trade Organisation


Arbitraje De Consumo En El Código De Protección Y Defensa Del Consumidor, Beatriz A. Franciskovic Ingunza Oct 2010

Arbitraje De Consumo En El Código De Protección Y Defensa Del Consumidor, Beatriz A. Franciskovic Ingunza

Beatriz A. Franciskovic Ingunza

No abstract provided.


Ley Antimonopolios: Pros Y Contras, Alejandro Faya Rodriguez Oct 2010

Ley Antimonopolios: Pros Y Contras, Alejandro Faya Rodriguez

Alejandro Faya Rodriguez

No abstract provided.


C-Drum News, V. 4, No. 1, Fall 2010 Oct 2010

C-Drum News, V. 4, No. 1, Fall 2010

The C-DRUM News

No abstract provided.


Private Transfer Fee Covenants: Cleaning Up The Mess, R. Wilson Freyermuth Oct 2010

Private Transfer Fee Covenants: Cleaning Up The Mess, R. Wilson Freyermuth

Faculty Publications

The purposes for creating a "private transfer fee" covenant range from supporting community services to creating a future revenue stream for the developer. Traditionally, courts examined these covenants using the touch and concern standard. The Restatement (Third) of Property: Servitudes, however, rejects this standard. This Article discusses this new approach as it relates to private transfer fees. The author argues that private transfer fee covenants are contrary to public policy and encourages states to enact legislation limiting the enforcement of these covenants.


Before You Take A Collaborative Law Case, John M. Lande Oct 2010

Before You Take A Collaborative Law Case, John M. Lande

Faculty Publications

Under the Model Rules of Professional Conduct, lawyers have a duty to screen potential Collaborative Law (CL) cases for appropriateness and obtain clients' informed consent to use CL. The duty to screen cases is based on the "reasonableness" requirement of Rule 1.2(c) and the requirement to avoid conflicts of interest that might interfere with competent and diligent representation under Rule 1.7. Both rules require lawyers to obtain clients' informed consent to participate in a CL process. Although the Uniform Collaborative Law Act is not an ethical rule, sections 14 and 15 create relevant duties, including detailed provisions ...


Helping Good Lawyers Help Clients Make Good Decisions About Dispute Resolution, John M. Lande Oct 2010

Helping Good Lawyers Help Clients Make Good Decisions About Dispute Resolution, John M. Lande

Faculty Publications

Counseling clients about dispute resolution options is easier said than done. These can be complex and difficult decisions, and lawyers may not have appropriate resources to help lawyers counsel clients in choosing dispute resolution options. While establishing rules requiring this kind of training may help to remedy this shortcoming, perhaps the most promising involves using dispute systems design (DSD) procedures to establish better ways of training lawyers to counsel clients.


Manifest Disregard And The Imperfect Procedural Justice Of Arbitration, Thomas V. Burch Oct 2010

Manifest Disregard And The Imperfect Procedural Justice Of Arbitration, Thomas V. Burch

Scholarly Works

Arbitration is an efficient dispute-resolution system that respects parties’ right to an accurate award. But because arbitration is designed to be efficient, accuracy is not guaranteed. This presents a challenge when courts are asked to confirm or vacate arbitrators’ decisions. Judges dislike approving inaccurate awards, especially in cases where parties have unequal bargaining power. Yet, judges also recognize arbitration’s limited-review principle. So they are forced to balance their desire for accuracy against arbitration’s efficiency policy. Efficiency typically wins at the expense of accurate outcomes.

This Article contends that courts place too much emphasis on the efficiency policy in ...