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Dispute Resolution and Arbitration

2013

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Articles 1 - 30 of 133

Full-Text Articles in Law

The Roles Of The Supreme Court Of The Republic Of Indonesia In Enforcement Of International Arbitral Awards In Indonesia, Mutiara Hikmah Dec 2013

The Roles Of The Supreme Court Of The Republic Of Indonesia In Enforcement Of International Arbitral Awards In Indonesia, Mutiara Hikmah

Indonesia Law Review

Indonesia has been being a member of the 1958 New York Convention since 1981, namely upon issuance of the Presidential Decree No. 34 of 1981. Prior to taking into force of the Regulation of the Supreme Court of the Republic of Indonesia No. 1 of 1990 on Procedures for Enforcement of Foreign Arbitral awards, there were still constraints for the foreign business players in term of enforcement of arbitral awards in Indonesia. The Supreme Court as the highest judicial institution in Indonesia holds that international arbitral awards can not be enforced in Indonesia. After the Indonesian Supreme Court has issued …

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The Money Or The Media? Lessons From Contrasting Developments In Us And Australian Whistleblowing Laws, Terry Morehead Dworkin, A.J. Brown Dec 2013

The Money Or The Media? Lessons From Contrasting Developments In Us And Australian Whistleblowing Laws, Terry Morehead Dworkin, A.J. Brown

Seattle Journal for Social Justice

No abstract provided.

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To Mediate Or Adjudicate? An Alternative For Resolving Whistleblower Disputes At The Hanford Nuclear Site, Angela Day Dec 2013

To Mediate Or Adjudicate? An Alternative For Resolving Whistleblower Disputes At The Hanford Nuclear Site, Angela Day

Seattle Journal for Social Justice

No abstract provided.

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Let Us Reason Together: The Role Of Process In Effective Mediation, Howard W. Cummins Nov 2013

Let Us Reason Together: The Role Of Process In Effective Mediation, Howard W. Cummins

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

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Managed Cooperation In A Post-Sago Mine Disaster World, Patrick R. Baker Jul 2013

Managed Cooperation In A Post-Sago Mine Disaster World, Patrick R. Baker

Pace Law Review

This article proposes a Commission mandated mediation process that will offer a solution to the case backlog that prevents regulatory capture while promoting managed cooperation and communication toward a common goal: safety. While the Commission has implemented new rules, procedures, and steps that have helped the backlog, these improvements have only addressed the symptoms and not the cause. Currently, the solutions have focused on how to reduce the case backlog, instead of creating a system that allows for communication and cooperation, while ensuring compliance and safety. While there has been disagreement as to whether or not the case backlog undermines …

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Waiving Goodbye To Arbitration: Factoring Prejudice When A Party Delays Assertion Of Its Contractual Right To Arbitrate: Elliot V. Kb Home N.C., Inc., Kristen Sanocki Jul 2013

Waiving Goodbye To Arbitration: Factoring Prejudice When A Party Delays Assertion Of Its Contractual Right To Arbitrate: Elliot V. Kb Home N.C., Inc., Kristen Sanocki

Journal of Dispute Resolution

This note addresses the lawsuit described above, Elliott v. KB Home N.C., Inc., concerning whether KB Home waived its contractual right to arbitration by waiting three years to assert that right, which ultimately prejudiced a class of plaintiffs pursuing litigation against it. After examining how North Carolina courts decide whether to compel arbitration, this note will analyze the four-factor test North Carolina courts use to determine whether a party has sat on its right to arbitrate for too long, subjecting itself to waiver of arbitration. Finally, this note contends that North Carolina's four-factor test, as opposed to a bright-line rule, …

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Correcting A Flaw In The Arbitration Fairness Act, Imre Stephen Szalai Jul 2013

Correcting A Flaw In The Arbitration Fairness Act, Imre Stephen Szalai

Journal of Dispute Resolution

The proposed Arbitration Fairness Act of 2013 will ban courts from enforcing arbitration agreements in the employment and consumer contexts. This law will protect America's employees and consumers by keeping the courthouse door open to critical civil rights, employment, and consumer protection litigation. However, the proposed Arbitration Fairness Act suffers from a subtle flaw: it is uncertain whether the law will apply to the states. This flaw, which arises from one of the greatest constitutional errors the Supreme Court has ever made, must be corrected in order to provide the broadest protection to millions of American employees and consumers, and …

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Globalization And Financial Dispute Resolution: Examining Areas Of Convergence And Informed Divergence In Financial Adr, Shahla F. Ali Jul 2013

Globalization And Financial Dispute Resolution: Examining Areas Of Convergence And Informed Divergence In Financial Adr, Shahla F. Ali

Journal of Dispute Resolution

The global reach of the financial crisis calls for renewed investigation on the impact of globalization on international legal practice. Part One of this paper examines the theoretical perspectives on the impact of globalization on international legal practice. Part Two provides a global review of financial dispute resolution programs, including arbitration models and ombudsman systems, developed to address the financial complaints of retail investors that intensified during and after the financial crisis. Australia, the United Kingdom, the United States, Singapore and Hong Kong are featured because they each reflect either the ombudsman or arbitration model of financial dispute resolution. Part …

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Order In The Desert: Law Abiding Behavior At Burning Man, Manuel A. Gomez Jul 2013

Order In The Desert: Law Abiding Behavior At Burning Man, Manuel A. Gomez

Journal of Dispute Resolution

This article is divided into four sections. Section I offers a general description of Burning Man, including its organizers, social structure, and demographics. Section I also describes the Burning Man community and other features that distinguish Burning Man from other mass-gathering events. Section II describes the layers of internal and external social control found at Burning Man, and how they operate at the event. These layers of control include different forms of official law enforcement as well as the intra-community dispute resolution mechanisms employed by the Rangers. In Section III, the core of the article discusses the shortcomings of external …

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Class Action's Last Hope: The Argument For Federal Statutory Rights Preemption Of The Federal Arbitration Act: In Re American Express Merchants' Litigation, Matthew Reddish Jul 2013

Class Action's Last Hope: The Argument For Federal Statutory Rights Preemption Of The Federal Arbitration Act: In Re American Express Merchants' Litigation, Matthew Reddish

Journal of Dispute Resolution

This note will examine the history behind several recent federal decisions on class arbitration as well as federal antitrust laws and how antitrust laws should be enforced in the shadow of the FAA.

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There Has Been A Misconcepcion: The Faa Does Not Foster The Waiver Of Statutory Rights: Reyes V. Liberman Broad, Inc., Joanna L. Byrne Jul 2013

There Has Been A Misconcepcion: The Faa Does Not Foster The Waiver Of Statutory Rights: Reyes V. Liberman Broad, Inc., Joanna L. Byrne

Journal of Dispute Resolution

This paper first discusses the particular facts and proceedings in Reyes. Next, it will discuss the complicated legal landscape that affects the interpretation of class arbitration waivers in California. Then, this paper will analyze the California Court of Appeals' rationale for its holding in Reyes. Next, this paper will construct an argument in favor of allowing employees to maintain bargaining rights in some circumstances, despite the existence of a class arbitration waiver in an employment contract. Finally, this paper will explore outside factors that may affect the Supreme Court of California's ability to render a decision and analyze how the …

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Table Of Contents - Issue 2 Jul 2013

Table Of Contents - Issue 2

Journal of Dispute Resolution

Table of Contents - Issue 2

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Judicial Settlement-Seeking In Parenting Cases: A Mock Trial, Noel Semple Jul 2013

Judicial Settlement-Seeking In Parenting Cases: A Mock Trial, Noel Semple

Journal of Dispute Resolution

This paper critically evaluates judicial mediation in parenting disputes by asking whether, and to what extent, it is in the best interests of the children involved. It begins by identifying several features that distinguish child custody and visitation disputes from other types of civil litigation, and which are relevant to the normative analysis of judicial mediation in this context. Next, this paper describes and evaluates three arguments that might be made against the use of judicial settlement-seeking to resolve custody and visitation disputes. This paper will conclude by arguing that facilitative mediation by non-judges has significant advantages over judicial settlement-seeking …

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State Legislative Update, Molly Karcher, Alexandra Klaus, Ryan J. Nichols, Stanley A. Prenger Jul 2013

State Legislative Update, Molly Karcher, Alexandra Klaus, Ryan J. Nichols, Stanley A. Prenger

Journal of Dispute Resolution

As the use of collaborative law increases, the need for uniform laws to help facilitate this process across state lines grew. In February 2007, the Uniform Law Commission (ULC) began drafting an act to address this need. At the July 2009 meeting, the Uniform Collaborative Law Act (UCLA) was unanimously approved by the Commission and was subsequently submitted to the American Bar Association (ABA) House of Delegates for approval. In March 2010, the house approved the amended act after the ULC made a few small changes per the house's recommendation. Since receiving ABA approval, the UCLA has been passed in …

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When Regulations And Arbitration Awards Collide: Potential Difficulties For Arbitrators And Parties: Bangor Gas Co., Llc V. H.Q. Energy Serv. U.S. Inc., Greg Mitchell Jul 2013

When Regulations And Arbitration Awards Collide: Potential Difficulties For Arbitrators And Parties: Bangor Gas Co., Llc V. H.Q. Energy Serv. U.S. Inc., Greg Mitchell

Journal of Dispute Resolution

Many commercial transactions are complex. The increasing presence of both arbitration and administrative regulations are part of what creates this complexity. It is thus possible that parties to a commercial transaction will find themselves in arbitration over a dispute involving regulations. This note will explore the potential difficulties parties and arbitrators face when arbitration awards and regulations collide. The difficulties for parties include grounds for vacatur that are either nonexistent or hard to meet, and potentially being forced to choose between violating a regulation or not complying with the award. Additionally, arbitrators face difficulties in fashioning awards that comply with …

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To Skin A Cat: Qui Tam Actions As A State Legislative Response To Concepcion, Janet Cooper Alexander Jun 2013

To Skin A Cat: Qui Tam Actions As A State Legislative Response To Concepcion, Janet Cooper Alexander

University of Michigan Journal of Law Reform

The Supreme Court's decision in Concepcion is widely regarded as heralding the demise of small-claims class actions whenever contracts of adhesion are involved in the transaction-which means for virtually all consumer and employment claims. Amending the Federal Arbitration Act to overturn Concepcion would be a relatively simple exercise in legislative drafting, but in the current political climate such efforts are unlikely to succeed. Thus far, proposed federal corrective legislation has failed to pass, and federal agency regulation of class waivers has been lacking. State legislatures might have the political ability to pass corrective legislation, but virtually all state limitations on …

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The Majority Approach To Arbitration Waiver: A Workable Test Or A License For Litigants To Play Games With The Courts?, James Savage Jun 2013

The Majority Approach To Arbitration Waiver: A Workable Test Or A License For Litigants To Play Games With The Courts?, James Savage

The University of New Hampshire Law Review

[Excerpt] “The freedom of parties to agree to arbitrate their disputes is enshrined by contract law and federal law. By inserting a mandatory arbitration clause in a contract, both parties agree that, should a dispute arise between them, they will not bring the matter to court. Instead, they agree to submit any disputes to a mutually-agreed-to third party, such as the American Arbitration Association; this third-party acts like a judge and resolves the dispute. Arbitration has many advantages, such as reducing the cost and increasing the efficiency of dispute resolution. Because of these reduced costs and greater efficiency, businesses can …

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Concepcion's Pro-Defendant Biasing Of The Arbitration Process: The Class Counsel Solution, David Korn, David Rosenberg Jun 2013

Concepcion's Pro-Defendant Biasing Of The Arbitration Process: The Class Counsel Solution, David Korn, David Rosenberg

University of Michigan Journal of Law Reform

By mandating that numerous plaintiffs litigate their common question claims separately in individual arbitrations rather than jointly in class action arbitrations, the Supreme Court in AT&T Mobility LLC v. Concepcion entrenched a potent structural and systemic bias in favor of defendants. The bias arises from the parties' divergent stakes in the outcome of the common question litigation in individual arbitrations: each plaintiff will only invest to maximize the value of his or her own claim, but the defendant has an incentive to protect its entire exposure and thus will have a classwide incentive to invest more in contesting common questions. …

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Stop! In The Name Of Ethics, Before You Break My Bank Account: The "Conflicting" Rights Guaranteed To Parties In International Arbitration By Hrvatska V. Slovenia And Rompetrol V. Romania, And Their Potential As Tactical Weapons, Misbah Farid May 2013

Stop! In The Name Of Ethics, Before You Break My Bank Account: The "Conflicting" Rights Guaranteed To Parties In International Arbitration By Hrvatska V. Slovenia And Rompetrol V. Romania, And Their Potential As Tactical Weapons, Misbah Farid

University of Miami International and Comparative Law Review

International arbitration offers many rights, such as the right to counsel of choice and the right to an independent and impartial arbitration panel and proceeding. However, these guarantees, while they ensure the rights of parties and allow international arbitration to be a viable dispute resolution forum, can also be used as weapons. The viability of these rights as weapons is what reconciles the seemingly conflicting cases of Hrvatska v. Slovenia and Rompetrol v. Romania. Hrvatska sets forth an arbitration tribunal's inherent right to ensure and regulate the proceedings so as to guarantee the rights offered by international arbitration, while …

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Adapting Alternate Dispute Resolution For Use In Administrative Proceedings, Victor Lawrence Apr 2013

Adapting Alternate Dispute Resolution For Use In Administrative Proceedings, Victor Lawrence

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

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Critical Review On Indonesia's Drawbacks As A Preferable Seat Of Arbitration, Setyawati Setyawati Apr 2013

Critical Review On Indonesia's Drawbacks As A Preferable Seat Of Arbitration, Setyawati Setyawati

Indonesia Law Review

Indonesia as a developing country is in the urgent need to improve its arbitration law and practice. One of the reasons is because Indonesia may gain many advantages by such improvement, such as: increase of its international reputation as a safe place to invest or conduct trading since there is an assurance that future disputes may be promptly solved through arbitration. One way to improve Indonesia arbitration practice is by creating the jurisdiction as a friendly place to arbitrate, which firstly shall be analysed by reviewing its drawbacks as a preferable seat of arbitration, specifically on the procedure to enforce …

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Model Standards Of Conduct For Mediators, American Arbitration Association Apr 2013

Model Standards Of Conduct For Mediators, American Arbitration Association

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

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Privately Employed Hearing Officers: Hearing Board Procedures Of The New York Stock Exchange, David J. Agatstein Apr 2013

Privately Employed Hearing Officers: Hearing Board Procedures Of The New York Stock Exchange, David J. Agatstein

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

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How To Negotiate With A Woman Women And The Art Of Negotiating: Techniques For Achieving Success In Your Business And Personal Relationships (Book Review), David J. Agatstein Apr 2013

How To Negotiate With A Woman Women And The Art Of Negotiating: Techniques For Achieving Success In Your Business And Personal Relationships (Book Review), David J. Agatstein

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

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Challenges In Multiparty Environmental Mediation, Daniel E. Louis Apr 2013

Challenges In Multiparty Environmental Mediation, Daniel E. Louis

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

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Appendix Ii - Selected Bibliography: Alternative Dispute Resolution, Morell E. Mullins Apr 2013

Appendix Ii - Selected Bibliography: Alternative Dispute Resolution, Morell E. Mullins

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

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Foreword, I. William Zartman Apr 2013

Foreword, I. William Zartman

Penn State Journal of Law & International Affairs

No abstract provided.

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The Administrative Law Judge As A Bridge Between Law And Culture, Phyllis E. Bernard Apr 2013

The Administrative Law Judge As A Bridge Between Law And Culture, Phyllis E. Bernard

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

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It's Time For An Alternative Dispute Resolution Procedure, S. James Rosenfeld Apr 2013

It's Time For An Alternative Dispute Resolution Procedure, S. James Rosenfeld

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

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What The Awards Tell Us About Labor Arbitration Of Employment Discrimination Claims, Ariana R. Levinson Apr 2013

What The Awards Tell Us About Labor Arbitration Of Employment Discrimination Claims, Ariana R. Levinson

University of Michigan Journal of Law Reform

This Article contributes to the debate over mandatory arbitration of employment-discrimination claims in the unionized sector. In light of the proposed prohibition on union waivers in the Arbitration Fairness Act, this debate has significant practical implications. Fundamentally, the Article is about access to justice. It examines 160 labor arbitration opinions and awards in employment-discrimination cases. The author concludes that labor arbitration is a forum in which employment-discrimination claims can be-and, in some cases, are-successfully resolved. Based upon close examination of the opinions and awards, the Article recommends legislative improvements in certain cases targeting statutes of limitations, compulsory process, remedies, class …

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