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- Arbitration & award (2)
- Dispute resolution (2)
- International commercial arbitration (2)
- Americanization (1)
- Anti-doping (1)
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- Arbitration (1)
- Civil law (1)
- Court of Arbitration for Sport (1)
- Federal legislation (1)
- Government ownership (1)
- Insurance (1)
- International law (1)
- McCarran-Ferguson Act (1)
- Mediation (1)
- Nationalization (1)
- New York Convention (1)
- Olympic Games (1)
- Precedent (1)
- Sports (1)
- Stare decisis (1)
- Track & field (1)
- United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1)
- United States Supreme Court (1)
Articles 1 - 3 of 3
Full-Text Articles in Law
When "Yes" Means "No": Mccarran-Ferguson, The New York Convention, And The Limits Of Congressional Assent, Aaron L. Wells
When "Yes" Means "No": Mccarran-Ferguson, The New York Convention, And The Limits Of Congressional Assent, Aaron L. Wells
Pepperdine Dispute Resolution Law Journal
The article focuses on the awards and arbitration of the resolution of the international commercial disputes with respect to the cross-border contracts and agreements. The enactment of the McCarran-Ferguson Act of the U.S. was for the prevention of the general applicability of the federal legislation in the authority of the states for the purpose of regulating the insurance industry. Information on the decision of the Supreme Court of the U.S. regarding this issue is also presented.
Is There A Stare Decisis Doctrine In The Court Of Arbitration For Sport? An Analysis Of Published Awards For Anti-Doping Disputes In Track And Field, Annie Bersagel
Pepperdine Dispute Resolution Law Journal
The article presents information on the doctrine of the stare decisis under the court of arbitration for sport with respect to the awards and arbitration for the disputes on anti-doping in the sport of track and field. The jurisdiction of the commercial and the disciplinary disputes of the Olympic Games are exercised by the court of arbitration for sport. Information on the role of the doctrine of the civil law is also presented.
The Perfect Circle: Arbitration's Favors Become Its Flaws In An Era Of Nationalization And Regulation, Kimberly R. Wagner
The Perfect Circle: Arbitration's Favors Become Its Flaws In An Era Of Nationalization And Regulation, Kimberly R. Wagner
Pepperdine Dispute Resolution Law Journal
The article presents information on the evolution of international commercial arbitration and viability of alternative dispute resolution (ADR) process. It briefly discusses the importance of international commercial arbitration and several attributed reasons for its decline such as Americanization, nationalization, and overregulation. It reflects mediation as the replacement for arbitration, and compares the advantages of mediation and arbitration.