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Full-Text Articles in Law
Foreword, I. William Zartman
Foreword, I. William Zartman
Penn State Journal of Law & International Affairs
No abstract provided.
The Accidental Preemption Statute: The Federal Arbitration Act And Displacement Of Agency Regulation, Maureen A. Weston
The Accidental Preemption Statute: The Federal Arbitration Act And Displacement Of Agency Regulation, Maureen A. Weston
Arbitration Law Review
The Yearbook on Arbitration and Mediation’s 2013 Symposium focused on the role of the courts and judicial review in arbitration and mediation. Considering this question, this Article examines the command of the Federal Arbitration Act (FAA) for courts to enforce private agreements to arbitrate and to confirm arbitral awards as judgments subject to limited grounds for vacatur, as the public judicial system is invoked to revere private arbitration agreements and awards—at times at the expense of significant public policy challenges and the displacement of agency regulatory procedures specifically designed to address public policy concerns. In a series of decisions, …
Combinations Of Mediation And Arbitration With The Same Neutral: A Framework For Judicial Review, Ellen E. Deason
Combinations Of Mediation And Arbitration With The Same Neutral: A Framework For Judicial Review, Ellen E. Deason
Arbitration Law Review
No abstract provided.
I-Arbitration: Not The Newest Apple(R) Product, But Sharia Law In International Commercial Arbitration, Thomas Panighetti
I-Arbitration: Not The Newest Apple(R) Product, But Sharia Law In International Commercial Arbitration, Thomas Panighetti
Arbitration Law Review
No abstract provided.
Weighing (In)Discretion On A Sliding Scale: California Appellate Court Hands Down An Expose Of Modern Approaches To Jurisdiction And Unconscionability, Anthony Rallo
Arbitration Law Review
No abstract provided.
How Nice To See You Again: The Repetitive Use Of Arbitrators And The Risk Of Evident Partiality, Drew J. Hushka
How Nice To See You Again: The Repetitive Use Of Arbitrators And The Risk Of Evident Partiality, Drew J. Hushka
Arbitration Law Review
No abstract provided.
Alternative Dispute Resolution And Social Media: How Mandatory Arbitration Clauses Impact Social Networking, Kelsey L. Swaim
Alternative Dispute Resolution And Social Media: How Mandatory Arbitration Clauses Impact Social Networking, Kelsey L. Swaim
Arbitration Law Review
No abstract provided.
Getting To Yes: Remembering Roger Fisher, Kevin R. Schock
Getting To Yes: Remembering Roger Fisher, Kevin R. Schock
Arbitration Law Review
No abstract provided.
Asymmetric Dynamism And Acceptable Judicial Review Of Arbitration Awards, Jeffrey W. Stempel
Asymmetric Dynamism And Acceptable Judicial Review Of Arbitration Awards, Jeffrey W. Stempel
Arbitration Law Review
No abstract provided.
Has London Outmaneuvered The Italian Torpedo, Thomas Panighetti
Has London Outmaneuvered The Italian Torpedo, Thomas Panighetti
Arbitration Law Review
No abstract provided.
Judicial Review: What Judges Write When They Write About Mediation, Jennifer W. Reynolds
Judicial Review: What Judges Write When They Write About Mediation, Jennifer W. Reynolds
Arbitration Law Review
Judges are uniquely positioned to comment on the phenomenon of court-connected mediation. Judges design and implement court systems with mediation components; they refer or order litigants into mediation; and they often serve as mediators themselves, either as part of their judicial duties or after retiring from the bench. Yet, ironically, there are few formal judicial opinions commenting on the procedural, ethical, and substantive issues around court-connected mediation today. When researching mediation, therefore, legal scholars who limit themselves to traditional legal sources will not have much to work with.
This Article identifies a new source of “judicial review” of mediation: judge-written …
Concluding Remarks, Thomas Carbonneau
Is Less Really More? Hall Street Associates, Private Procedural Ordering And Expanded Review Of Arbitral Awards In State Courts, Allen Blair
Arbitration Law Review
No abstract provided.
Error Correction And Dispute System Design In Investor-State Arbitration, Andrea Kupfer Schneider
Error Correction And Dispute System Design In Investor-State Arbitration, Andrea Kupfer Schneider
Arbitration Law Review
The current crisis in investor-state arbitration under the International Centre for Settlement of Investment Disputes (ICSID) system is the subject of commentary by both practitioners and scholars in the field. This Article first reviews the current status of ICSID arbitration by specifically using the Argentinean cases as examples of the ongoing legitimacy concerns that many countries have about ICSID. This Article seeks to explain the current crisis using theories of judicial review to understand how the annulment committee process and decisions are contributing to this crisis. The judicial theory of error correction, when utilized to review the recent annulment committee …
Creating A 21st Century Oligarchy: Judicial Abdication To Class Action Mediators, James R. Coben
Creating A 21st Century Oligarchy: Judicial Abdication To Class Action Mediators, James R. Coben
Arbitration Law Review
No abstract provided.
Bifurcated Proceedings In Illinois: Survivor Actions To Arbitration But Wrongful Death Claims To Litigation, Joshua Bower
Bifurcated Proceedings In Illinois: Survivor Actions To Arbitration But Wrongful Death Claims To Litigation, Joshua Bower
Arbitration Law Review
No abstract provided.
Treaty Shopping And Expansive Jurisdiction: Causes And Effects Of Venezuela's Denunciation Of The Icsid Convention, Kathryn Rimpfel
Treaty Shopping And Expansive Jurisdiction: Causes And Effects Of Venezuela's Denunciation Of The Icsid Convention, Kathryn Rimpfel
Arbitration Law Review
No abstract provided.
Educational Collective Bargaining: The Effect Of Impasse Resolution Procedures On Public School Teachers, Jessica Nixon
Educational Collective Bargaining: The Effect Of Impasse Resolution Procedures On Public School Teachers, Jessica Nixon
Arbitration Law Review
No abstract provided.
Like Oil And Vinegar, Sitting Judges And Arbitrators Do Not Mix: Delaware's Unique Attempt At Judicial Arbitration, Gellaine T. Newton
Like Oil And Vinegar, Sitting Judges And Arbitrators Do Not Mix: Delaware's Unique Attempt At Judicial Arbitration, Gellaine T. Newton
Arbitration Law Review
No abstract provided.
Lawyers And Mediation, Brian Rans
Broad Powers, Silent Intentions: Compelling Class Action Arbitration Without Express Authorization, Daivy P.E. Dambreville
Broad Powers, Silent Intentions: Compelling Class Action Arbitration Without Express Authorization, Daivy P.E. Dambreville
Arbitration Law Review
No abstract provided.
Defusing Hydroelectric Brinkmanship: The Indus Waters Treaty's Alternative Dispute Resolution Provisions And Their Role In The Tenuous Peace Between India And Pakistan, Thomas E. Robins
Arbitration Law Review
No abstract provided.
Introduction, Nancy Welsh
Judicial Review Of Mediated Settlement Agreements: Improving Mediation With Consent, Jacqueline M. Nolan-Haley
Judicial Review Of Mediated Settlement Agreements: Improving Mediation With Consent, Jacqueline M. Nolan-Haley
Arbitration Law Review
No abstract provided.
Restricting The Reach Of The Federal Arbitration Act: South Carolina Supreme Court Applies State Law And Invalidates An Arbitration Agreement In A Residential Real Estate Transaction, Tiffany Bennett
Arbitration Law Review
No abstract provided.
For The Good Of All Not Involved: The Case For A Public Protection Exception To The Enforcement Of Arbitral Awards, Michelle Polanto
For The Good Of All Not Involved: The Case For A Public Protection Exception To The Enforcement Of Arbitral Awards, Michelle Polanto
Arbitration Law Review
No abstract provided.
Towards A Rules-Based Asean: The Protocol To The Asean Charter On Dispute Settlement Mechanisms, Hao Duy Phan
Towards A Rules-Based Asean: The Protocol To The Asean Charter On Dispute Settlement Mechanisms, Hao Duy Phan
Arbitration Law Review
No abstract provided.