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Articles 1 - 30 of 58
Full-Text Articles in Law
Dick Woodson's Revenge: The Evolution Of Salary Arbitration In Major League Baseball, Edward Silverman
Dick Woodson's Revenge: The Evolution Of Salary Arbitration In Major League Baseball, Edward Silverman
Pepperdine Law Review
This paper examines the evolution of salary arbitration in professional baseball through the lens of the original 1974 Dick Woodson salary arbitration. Part II discusses the general development of labor relations in professional baseball, with an emphasis on how and why salary arbitration came to be implemented. Part III focuses specifically on Dick Woodson’s salary arbitration and how that experience shaped the immediate evolution of the practice and informed the current state of affairs in Major League Baseball (“MLB”). Part IV discusses MLB’s salary arbitration rules and how the process actually works. Part V addresses prevailing criticisms of baseball style …
Enforceability Of Mandatory Arbitration Clauses For Shareholder-Corporation Disputes, Garry D. Hartlieb
Enforceability Of Mandatory Arbitration Clauses For Shareholder-Corporation Disputes, Garry D. Hartlieb
Michigan Business & Entrepreneurial Law Review
Investor litigation is an increasingly vexatious field of law. Nearly every time a significant change of control or corporate ownership occurs, plaintiffs’ attorneys file standardized complaints to set in motion class action suits. Ultimately, the settlements shareholders receive fail to achieve the practical effects that parties on both sides desire. Shareholders may receive pennies on the dollar of what they allege was lost by corporate wrongdoing, and, in some cases, shareholders may not receive monetary recovery as the settlement requires only that the corporation to make changes to its governing documents. These suits distract directors and management from the core …
Mlb Calendar 2014-2015, Edmund P. Edmonds
International Investment Agreements: Are Their Policy Aims Served By Their Broad Definitions Of Covered “Investors” And “Investments”?, Lise Johnson
Columbia Center on Sustainable Investment Staff Publications
With negotiation of “mega-treaties” such as the 12-country Trans-Pacific Partnership (TPP) and investment treaties between the EU and other large economies such as Canada and the United States, international investment agreements (IIAs) are gaining fame and raising a host of important policy questions. Among those questions are who/what the treaties benefit and at what cost.
The Cohasset Marshlands Dispute: International Arbitration In Colonial New England, William W. Park
The Cohasset Marshlands Dispute: International Arbitration In Colonial New England, William W. Park
Faculty Scholarship
One of the earliest international arbitrations in the Americas arose from rival claims to hayfields contested between two groups of religious dissidents. The dispute resolution process which unfolded in 1640 between the Massachusetts and Plymouth colonies takes special significance as an epochal step toward the robust cross-border cooperation that ultimately united thirteen disparate colonies into a single nation.
The Influence Of Arbitrator Background And Representation On Arbitration Outcomes, Adam C. Pritchard, Stephen J. Choi, Jill E. Fisch
The Influence Of Arbitrator Background And Representation On Arbitration Outcomes, Adam C. Pritchard, Stephen J. Choi, Jill E. Fisch
Articles
We study the role of arbitrator background in securities arbitration. We find that several aspects of arbitrator background are correlated with arbitration outcomes. Specifically, industry experience, prior experience as a regulator, and status as a professional or retired arbitrator are correlated with statistically significant differences in arbitration awards. The impact of these characteristics is affected by whether the arbitrator in question serves as the panel chair and by whether the parties to the arbitration are represented by counsel. Our findings offer some preliminary insights into the debate over possible arbitrator bias. On the one hand, they suggest that the party …
Unaffordable Justice: The High Cost Of Mandatory Employment Arbitration For The Average Worker, Lisa A. Nagele-Piazza
Unaffordable Justice: The High Cost Of Mandatory Employment Arbitration For The Average Worker, Lisa A. Nagele-Piazza
University of Miami Business Law Review
Although the use of arbitration provisions in collective bargaining agreements and executive employment contracts serve a beneficial purpose for workers and employers alike, the growing use of mandatory, pre-dispute arbitration agreements in non-unionized employment settings stands as an obstacle for employees to vindicate their statutorily prescribed civil rights. In particular, by forcing workers to share in the unique costs of arbitration, employees may be deterred from bringing otherwise meritorious claims. Given the federal policy favoring arbitration, and in the absence of legislation banning mandatory employment arbitration agreements, it is essential for arbitration service providers and drafters of arbitration clauses to …
Valuation Standards For Calculating Icsid Awards, Jason Pan
Valuation Standards For Calculating Icsid Awards, Jason Pan
Pepperdine Dispute Resolution Law Journal
This article offers information on the history, development and significance of International Centre for Settlement of Investment Disputes (ICSID) and its approach to award valuation. It analyzes the challenges of implementing the International Valuation Standards Council (IVSC) valuation standards for calculation of awards during ICSID arbitrations for valuation of property.
Growing Pains And Coming-Of-Age: The State Of International Arbitration In India, Jory Canfield
Growing Pains And Coming-Of-Age: The State Of International Arbitration In India, Jory Canfield
Pepperdine Dispute Resolution Law Journal
The article offers information on the history, development and significance of international arbitration in India. It analyzes the decision of the Indian Supreme Court in the case of Bharat Aluminium Co. v. Kaiser Aluminium Technical Services Inc., which marks the era of major changes in Indian law regarding international arbitration. It mentions that development of Indian arbitration law enhances global standards and attitudes toward international dispute resolution in India.
Flights Of Fancy And Fights Of Fury: Arbitration And Adjudication Of Commercial And Political Disputes In International Aviation, Paul S. Dempsey
Flights Of Fancy And Fights Of Fury: Arbitration And Adjudication Of Commercial And Political Disputes In International Aviation, Paul S. Dempsey
Georgia Journal of International & Comparative Law
No abstract provided.
Divorce Involving Domestic Violence: Is Med-Arb Likely To Be The Solution?, Dafna Lavi
Divorce Involving Domestic Violence: Is Med-Arb Likely To Be The Solution?, Dafna Lavi
Pepperdine Dispute Resolution Law Journal
After an introduction in chapter one, the second chapter of this article presents statistics regarding the phenomenon of domestic violence and presents the definition of “violence” (with its attendant difficulties). The third chapter presents the existing problems regarding the judicial handling of divorce cases in general and those involving violence in particular. The fourth chapter analyzes the academic discourse regarding the issue of mediation of divorce cases involving violence (the position of the proponents and the opponents, as well as the problems of the current situation). The fifth chapter proposes med-arb as addressing the issue of divorce mediation in the …
Uniform Alternative Dispute Resolution: The Answer To Preventing Unscrupulous Agent Activity, Scott Kestenbaum
Uniform Alternative Dispute Resolution: The Answer To Preventing Unscrupulous Agent Activity, Scott Kestenbaum
Pepperdine Dispute Resolution Law Journal
This Note addresses whether there should be an arbitration and mediation section added to both the Uniform Athlete Agent Act (UAAA), and Sports Agent Responsibility and Trust Act (SPARTA) to establish a uniform dispute resolution process for dealing with unscrupulous acts of athlete agents. This issue is distinctive because while all four professional sports leagues’ players associations have specific arbitration procedures in their athlete agent regulations, the two statutes governing athlete agent conduct do not adopt a uniform policy relating to arbitration procedures. This Note addresses the prior history of state and federal legislation pertaining to an athlete agent, including …
Using The Theories Of Exit, Voice, Loyalty, And Procedural Justice To Reconceptualize Brazil's Rejection Of Bilateral Investment Treaties, Nancy A. Welsh, Andrea Kupfer Schneider, Kathryn Rimpfel
Using The Theories Of Exit, Voice, Loyalty, And Procedural Justice To Reconceptualize Brazil's Rejection Of Bilateral Investment Treaties, Nancy A. Welsh, Andrea Kupfer Schneider, Kathryn Rimpfel
Faculty Scholarship
In the past decade, investor-state arbitration has made tremendous gains in both credibility and use. There is now widespread accession to the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (“ICSID Convention” or “Washington Convention”). States have executed more than 2,000 bilateral investment treaties (BITs) defining the terms and conditions under which one (“investor”) state’s nationals and companies will invest in the other (“host”) state. Such terms include provisions allowing foreign investors to initiate arbitration proceedings against the host state, and at this point, more than 500 disputes have been submitted to investor-state arbitration. …
Employment Arbitration Reform: Preserving The Right To Class Proceedings In Workplace Disputes, Javier J. Castro
Employment Arbitration Reform: Preserving The Right To Class Proceedings In Workplace Disputes, Javier J. Castro
University of Michigan Journal of Law Reform
The recent judicial enforcement of class waivers in arbitration agreements has generated ample debate over the exact reach of these decisions and their effects on the future of collective action for consumers and employees. In AT&T Mobility v. Concepcion, a 5-4 majority of the Supreme Court majority held that the Federal Arbitration Act (FAA) preempted state laws prohibiting companies from incorporating class action waivers into arbitration agreements. The Court upheld such waivers on the grounds that they are consistent with the language and underlying purpose of the FAA. Most courts across the country have since reinforced the strong federal policy …
Final Offer Arbitration, Harold I. Abramson
Concepcion And Mis-Concepcion: Why Unconscionability Survives The Supreme Court's Arbitration Jurisprudence, Richard Frankel
Concepcion And Mis-Concepcion: Why Unconscionability Survives The Supreme Court's Arbitration Jurisprudence, Richard Frankel
Journal of Dispute Resolution
States have long relied on the doctrines of unconscionability and public policy to protect individuals against unfair terms in mandatory arbitration provisions. The Supreme Court recently struck a blow to such efforts in AT&T Mobility LLC v. Concepcion and American Express Co. v. Italian Colors Restaurant. In those two cases, the Court established that a challenge to the enforceability of unfairly one-sided arbitration clauses is preempted if it would interfere with "fundamental attributes of arbitration." Several commentators have argued that these decisions will dramatically alter the arbitration landscape, by wiping away virtually any contract defense to the validity of an …
Employment Arbitration At The Crossroads: An Assessment And Call For Action, Stephen L. Hayford, Jamie Darin Prenkert, Anjanette H. Raymond
Employment Arbitration At The Crossroads: An Assessment And Call For Action, Stephen L. Hayford, Jamie Darin Prenkert, Anjanette H. Raymond
Journal of Dispute Resolution
Arbitration agreements must be on equal footing with all types of contracts. This stark reality demands that the various stakeholders in the arbitration community converge in the interest of designing and institutionalizing arbitration mechanics and processes that, as a start, exceed the minimum requirements to avoid arguments of substantive unconscionability and, more broadly, provide the fair, just, and accountable alternative dispute resolution system the FAA and the U.S. Supreme Court have indicated it can be. This paper seeks to guide this next stage of the debate by first reviewing the doctrinal developments over the past thirty years that led to …
Europe's Role In Alternative Dispute Resolution: Off To A Good Start?, Maud Piers
Europe's Role In Alternative Dispute Resolution: Off To A Good Start?, Maud Piers
Journal of Dispute Resolution
ADR has become a topical issue in contemporary European procedural private law. Over the past fifteen years, European lawmakers have displayed particular interest in extra-judicial dispute resolution methods as part of a broader effort to promote better access to justice. For example, Directive 2008/52 sets out a framework for the use of mediation in cross-border disputes on civil and commercial matters. The European Commission's influential Recommendations 98/257 and 2001/310, which respectively deal with out-of-court dispute settlements and consensual dispute mechanisms, constitute a starting point for constructing a new approach to ADR. In March of 2013, the European Parliament and the …
Plurality Influence: Reed Elsevier And The Precedential Value Of Bazzle On Class Arbitrability, Kevin P. Sack
Plurality Influence: Reed Elsevier And The Precedential Value Of Bazzle On Class Arbitrability, Kevin P. Sack
Journal of Dispute Resolution
Class arbitration is a tricky process to navigate as it introduces more parties, higher stakes, and more procedures than typical bilateral arbitration. Because class arbitration is more complex, the determination as to whether an arbitration agreement authorizes class arbitration (class arbitrability) is an important one, and the entity that makes the class determination should be knowledgeable about class procedures in order to be suited to make such an important finding. In Reed Elsevier, Inc. ex rel. LexisNexis Div. v. Crockett, the Sixth Circuit held that the determination of class arbitrability should be presumptively reserved to judicial courts, not arbitrators, unless …
Padres Players Arbitration Results, Edmund P. Edmonds
Padres Players Arbitration Results, Edmund P. Edmonds
Team - Player Results
No abstract provided.
Mlb Team Arbitration Results, Edmund P. Edmonds
Mlb Team Arbitration Results, Edmund P. Edmonds
Team Hearing Charts
No abstract provided.
San Diego Padres Arbitration Hearings Chart, Edmund P. Edmonds
San Diego Padres Arbitration Hearings Chart, Edmund P. Edmonds
Team Hearing Charts
No abstract provided.
Gold, Marlene Arbitration Chart, Edmund P. Edmonds
Gold, Marlene Arbitration Chart, Edmund P. Edmonds
Arbitrator Charts
No abstract provided.
Goldberg, Matt Arbitration Chart, Edmund P. Edmonds
Goldberg, Matt Arbitration Chart, Edmund P. Edmonds
Arbitrator Charts
No abstract provided.
Sands, John Arbitration Chart, Edmund P. Edmonds
Sands, John Arbitration Chart, Edmund P. Edmonds
Arbitrator Charts
No abstract provided.
Arbitraje Civil Y Mercantil En México, Max Garcia, Jusey Martinez Carrasco
Arbitraje Civil Y Mercantil En México, Max Garcia, Jusey Martinez Carrasco
Max Garcia Sanchez
No abstract provided.
Stayin’ Alive?: Bg Group, Plc V. Republic Of Argentina And The Vitality Of Host-Country Litigation Requirements In Investment Treaty Arbitration, Stephen R. Halpin Iii
Stayin’ Alive?: Bg Group, Plc V. Republic Of Argentina And The Vitality Of Host-Country Litigation Requirements In Investment Treaty Arbitration, Stephen R. Halpin Iii
Washington and Lee Law Review
No abstract provided.
Arbitration Case Law Update 2014, Jill I. Gross
Arbitration Case Law Update 2014, Jill I. Gross
Elisabeth Haub School of Law Faculty Publications
This chapter identifies decisions by the U.S. Supreme Court, the Financial Industry Regulatory Authority (FINRA) and selected lower federal and state courts in the past year that interpret and apply the Federal Arbitration Act (FAA) and could have an impact on securities arbitration practice.
Between Law And Religion: Procedural Challenges To Religious Arbitration Awards, Michael Helfand
Between Law And Religion: Procedural Challenges To Religious Arbitration Awards, Michael Helfand
Michael A Helfand
This Essay presented at the Sharia and Halakha in America Conference explores the unique status of religious law as a hybrid concept that simultaneously retains the characteristics of both law and religion. To do so, the Article considers as a case study how courts should evaluate procedural challenges to religious arbitration awards. To respond to such challenges, courts must treat religious law as law when defining the contractually adopted religious procedural rules and treat religious law as religion when reviewing precisely what the religious procedural rules require. On this account, constitutional and arbitration doctrine combine to insulate religious arbitration awards …
Cash Of The Titans: Arbitrating Challenges To Executive Compensation, Kenneth Davis
Cash Of The Titans: Arbitrating Challenges To Executive Compensation, Kenneth Davis
Kenneth R. Davis
Excessive executive compensation is endemic to U.S. corporations, and the trend is spiraling out of control. To challenge excessive pay packages, shareholders sometimes institute derivative suits. This approach has had limited success, however, because several principles of law – most notably the business judgment rule – shield directors from liability for awarding exorbitant pay to high-level managers. The business judgment rule removes the unreasonableness of compensation packages from the reach of judicial review. This Article proposes that corporations duly approve procedures to arbitrate shareholder challenges to excessive compensation agreements. Arbitration is uniquely suited for this purpose. Arbitrators are not bound …