Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Dispute Resolution and Arbitration

2016

Institution
Keyword
Publication
Publication Type
File Type

Articles 91 - 120 of 326

Full-Text Articles in Law

Integrated Conflict Management Design Workbook : كتاب التصميم المتكامل لإدارة الخلافات (Arabic), Nadja Alexander Jun 2016

Integrated Conflict Management Design Workbook : كتاب التصميم المتكامل لإدارة الخلافات (Arabic), Nadja Alexander

Research Collection Yong Pung How School Of Law

Mediation Series is a set of three guides that will help policy-makers, organizations and practitioners build mediation practice and culture. The Series include Mediation Essentials, Integrated Conflict Management Design Workbook, and Making Mediation Law. Mediation Essentials serves as a complete orientation guide to ADR in general and to mediation. Making Mediation Law offers a robust perspective on how to design mediation policy and legislation. Guidance in this area is in high demand and scarce (besides the UNCITRAL Model Law on International Commercial Conciliation and its Guide, there aren’t many other comprehensive resources). We hope that Making Mediation Law will effectively …


Arbitrating Estoppel: Equitable Estoppel In Arbitration Contracts, Nicholas Oleski Jun 2016

Arbitrating Estoppel: Equitable Estoppel In Arbitration Contracts, Nicholas Oleski

Cleveland State Law Review

The Sixth Circuit and the district courts within the circuit have held that non-signatories to arbitration contracts may be compelled to arbitrate under the Federal Arbitration Act—even though they are not signatories to the arbitration contract. These courts reason that the non-signatories must arbitrate their claims because of an equitable estoppel theory. Although the Federal Arbitration Act displaces most state law regarding arbitration, the Supreme Court has held that federal courts must use state contract law to determine who is bound by an arbitration contract. This Note examines state contract law in the Sixth Circuit on equitable estoppel and concludes …


Micro-Housing In Seattle: A Case For Community Participation In Novel Land Use Decisions, Patrick Carter May 2016

Micro-Housing In Seattle: A Case For Community Participation In Novel Land Use Decisions, Patrick Carter

Seattle University Law Review

Rather than relying solely on the formal interpretations of government regulators invited by the structure of local zoning ordinances, the City of Seattle should adopt a process that invites community-based mediation and problem-solving when a significant shift in housing density is contemplated in a developer’s proposal. Greater resident participation in development projects allows the City of Seattle to better support those residents in their reliance interests arising from zoning ordinances while simultaneously furthering the policies that underpin urban zoning. This is especially true when such development projects raise the possibility of substantial impacts on the character of a community or …


Book Review: The Concept Of Custom In International Law. By Anthony A. D’Amato. Ithaca & London: Cornell University Press, 1971. Pp. Xvi, 286. $9.50., John F. T. Murray May 2016

Book Review: The Concept Of Custom In International Law. By Anthony A. D’Amato. Ithaca & London: Cornell University Press, 1971. Pp. Xvi, 286. $9.50., John F. T. Murray

Georgia Journal of International & Comparative Law

No abstract provided.


Contracts - Jurisdiction - Absent A Strong Showing Of Unreasonableness Or Undue Influence, Parties’ Contractual Selection Of Forum In International Transactions Will Be Valid And Enforceable, Shelley Himel May 2016

Contracts - Jurisdiction - Absent A Strong Showing Of Unreasonableness Or Undue Influence, Parties’ Contractual Selection Of Forum In International Transactions Will Be Valid And Enforceable, Shelley Himel

Georgia Journal of International & Comparative Law

No abstract provided.


The Judicial Dilemma O’Callahan V. Parker Presents To Sofa’S, Ernest V. Harris May 2016

The Judicial Dilemma O’Callahan V. Parker Presents To Sofa’S, Ernest V. Harris

Georgia Journal of International & Comparative Law

No abstract provided.


Silence Gives Consent, Phillip C. Jessup May 2016

Silence Gives Consent, Phillip C. Jessup

Georgia Journal of International & Comparative Law

No abstract provided.


Judicial Recusation In The Federal Republic Of Germany, Sigmund A. Cohn May 2016

Judicial Recusation In The Federal Republic Of Germany, Sigmund A. Cohn

Georgia Journal of International & Comparative Law

No abstract provided.


Some Structural Dilemmas Of World Organization, C. Wilfred Jenks May 2016

Some Structural Dilemmas Of World Organization, C. Wilfred Jenks

Georgia Journal of International & Comparative Law

No abstract provided.


The Execution Of An Arbitration Provision As A Condition Precedent To Medical Treatment: Legally Enforceable? Medically Ethical?, Marc D. Ginsberg May 2016

The Execution Of An Arbitration Provision As A Condition Precedent To Medical Treatment: Legally Enforceable? Medically Ethical?, Marc D. Ginsberg

Marc D. Ginsberg

No abstract provided.


Arbitration: Creature Of Contract, Pillar Of Procedure, Hiro N. Aragaki May 2016

Arbitration: Creature Of Contract, Pillar Of Procedure, Hiro N. Aragaki

Arbitration Law Review

No abstract provided.


Balancing Federal Arbitration Policy With Whistleblower Protection: A Comment On Khazin V. Td Ameritrade, Faith Van Horn May 2016

Balancing Federal Arbitration Policy With Whistleblower Protection: A Comment On Khazin V. Td Ameritrade, Faith Van Horn

Arbitration Law Review

No abstract provided.


The Continuing Pro-Arbitration Trend In India: A New Global Hub?, Matthew Maragulia May 2016

The Continuing Pro-Arbitration Trend In India: A New Global Hub?, Matthew Maragulia

Arbitration Law Review

No abstract provided.


The Swiss Supreme Court On The Use Of Secretaries And Consultants In The Arbitral Process, Tracey Timlin May 2016

The Swiss Supreme Court On The Use Of Secretaries And Consultants In The Arbitral Process, Tracey Timlin

Arbitration Law Review

No abstract provided.


Success At Mediation: How To Define And Accomplish It, Nicolette Chasse May 2016

Success At Mediation: How To Define And Accomplish It, Nicolette Chasse

Arbitration Law Review

No abstract provided.


The Convergence Awakens: How Principles Of Proportionality And Calls For Cooperation Are Reshaping The E-Discovery Landscape, Tevor Gillum May 2016

The Convergence Awakens: How Principles Of Proportionality And Calls For Cooperation Are Reshaping The E-Discovery Landscape, Tevor Gillum

University of Miami International and Comparative Law Review

No abstract provided.


Qui Tam Claims - A Way To Pierce The Federal Policy On Arbitration?: A Comment On Sakkab V. Luxottica Retail North America, Inc., Lauren Picciallo May 2016

Qui Tam Claims - A Way To Pierce The Federal Policy On Arbitration?: A Comment On Sakkab V. Luxottica Retail North America, Inc., Lauren Picciallo

Arbitration Law Review

No abstract provided.


The Current State Of Arbitrator Ethics And Party Recourse Against Grievances, Shari Maynard May 2016

The Current State Of Arbitrator Ethics And Party Recourse Against Grievances, Shari Maynard

Arbitration Law Review

No abstract provided.


Arbitration Or Litigation? Private Choice As A Political Matter, Ronald A. Brand May 2016

Arbitration Or Litigation? Private Choice As A Political Matter, Ronald A. Brand

Arbitration Law Review

The Federal Arbitration Act and New York Convention solidified U.S. law on arbitration and have together been read by the courts to result in a strong federal policy in favor of arbitration. Party autonomy to choose a court for resolution of a private dispute came later in the United States, but now receives similar deference in the courts, largely as a result of the 1972 Supreme Court decision in Bremen v. Zapata. What began as a body of federal common law on the recognition and enforcement of foreign judgments now is found in state statutes and common law which, …


Religious Arbitration Agreements In Contracts Of Adhesion, Jeff Dasteel May 2016

Religious Arbitration Agreements In Contracts Of Adhesion, Jeff Dasteel

Arbitration Law Review

No abstract provided.


Approaching "Dangerous" Territory: The Implications Of Directv V. Imburgia And The Current Scope Of U.S. Arbitration Law, Stephanie Lapple May 2016

Approaching "Dangerous" Territory: The Implications Of Directv V. Imburgia And The Current Scope Of U.S. Arbitration Law, Stephanie Lapple

Arbitration Law Review

No abstract provided.


Mediation Advocacy: Representing Clients In Mediation, Jonathan R. Vaitll May 2016

Mediation Advocacy: Representing Clients In Mediation, Jonathan R. Vaitll

Arbitration Law Review

No abstract provided.


Mediation Essentials: The Definitive Deskbook, Nadja Alexander, Jean-Francois Roberge, Fatma Ibrahim May 2016

Mediation Essentials: The Definitive Deskbook, Nadja Alexander, Jean-Francois Roberge, Fatma Ibrahim

Research Collection Yong Pung How School Of Law

Mediation is one of the most frequently used alternative dispute resolution processes worldwide. Mediation provides faster, cheaper, and better solutions than a traditional court decision can. Benefits are important for individuals as well as for disputing businesses from the private sector and for public sector institutions. Understanding the principles, process, and skills of mediation is essential for anyone whose professional role involves managing disputes of any kind. Mediation Essentials comprises five chapters as follows: 1) Chapter 1 is about How to Manage and Control Disputes and Alternative Dispute Resolution; Chapter 2 describes on How to Make the Most of Mediation; …


Medical Malpractice Arbitration: Not Business As Usual, David Allen Larson May 2016

Medical Malpractice Arbitration: Not Business As Usual, David Allen Larson

Arbitration Law Review

No abstract provided.


Uncitral Transparency: An Examination Of The 2014 Arbitration Transparency Rules And Their Effect On Investor-State Environmental Disputes And Economic Fairness, Kayla Kelly-Slatten May 2016

Uncitral Transparency: An Examination Of The 2014 Arbitration Transparency Rules And Their Effect On Investor-State Environmental Disputes And Economic Fairness, Kayla Kelly-Slatten

Arbitration Law Review

No abstract provided.


Drafting Lessons From The Recent Past: Avoiding The Pitfalls Of Recent Litigants When Drafting Arbitration Agreements, Shari Maynard May 2016

Drafting Lessons From The Recent Past: Avoiding The Pitfalls Of Recent Litigants When Drafting Arbitration Agreements, Shari Maynard

Arbitration Law Review

No abstract provided.


What Now?: Divorce Mediation In The Wake Of Legalizing Same-Sex Marriage, Lindsay Simonson May 2016

What Now?: Divorce Mediation In The Wake Of Legalizing Same-Sex Marriage, Lindsay Simonson

Arbitration Law Review

No abstract provided.


The Hegemonic Arbitrator Replaces Foreign Sovereignty: A Comment On Chevron V. Republic Of Ecuador, Camille Hart May 2016

The Hegemonic Arbitrator Replaces Foreign Sovereignty: A Comment On Chevron V. Republic Of Ecuador, Camille Hart

Arbitration Law Review

No abstract provided.


Sixth Circuit Deferential Treatment Of Notice In Employment Arbitration Agreements: A Comment On Tillman V. Macy's Inc., Caroline Myrdek May 2016

Sixth Circuit Deferential Treatment Of Notice In Employment Arbitration Agreements: A Comment On Tillman V. Macy's Inc., Caroline Myrdek

Arbitration Law Review

No abstract provided.


Arbitrators' Neutrality In The United Kingdom And The United States, Susanna Chehata May 2016

Arbitrators' Neutrality In The United Kingdom And The United States, Susanna Chehata

Arbitration Law Review

No abstract provided.