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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 Feb 2013

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 Feb 2013

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 Feb 2013

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.