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Dispute Resolution and Arbitration

2015

Karen Halverson Cross

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Articles 1 - 4 of 4

Full-Text Articles in Law

Letting The Arbitrator Decide Unconscionability Challenges, 26 Ohio St. J. On Disp. Resol. 1 (2011), Karen H. Cross May 2015

Letting The Arbitrator Decide Unconscionability Challenges, 26 Ohio St. J. On Disp. Resol. 1 (2011), Karen H. Cross

Karen Halverson Cross

This article examines how courts are allocating jurisdictional questions relating to unconscionability to the arbitrator, and assesses the approach of U.S. courts to this issue from a historical and comparative perspective. The U.S. allocation rule is evolving toward one of deference to the arbitrator, allowing the arbitrator to make an initial determination of whether there is an enforceable agreement to arbitrate. As a matter of timing, the U.S. approach is becoming more similar to that of France. Such an approach, especially in the commercial sphere, has the potential to be relatively efficient and consistent. But in the context of mandatory …


Arbitration As A Means Of Resolving Sovereign Debt Disputes, 17 Am. Rev. Int'l Arb. 335 (2006), Karen Cross May 2015

Arbitration As A Means Of Resolving Sovereign Debt Disputes, 17 Am. Rev. Int'l Arb. 335 (2006), Karen Cross

Karen Halverson Cross

No abstract provided.


Arbitration And The Civil Rights Act Of 1991, 67 U. Cin. L. Rev. 445 (1999), Karen H. Cross May 2015

Arbitration And The Civil Rights Act Of 1991, 67 U. Cin. L. Rev. 445 (1999), Karen H. Cross

Karen Halverson Cross

No abstract provided.


Resolving Economic Disputes In Russia's Market Economy, 18 Mich. J. Int'l L. 59 (1996), Karen H. Cross May 2015

Resolving Economic Disputes In Russia's Market Economy, 18 Mich. J. Int'l L. 59 (1996), Karen H. Cross

Karen Halverson Cross

No abstract provided.