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Full-Text Articles in Law
The New Singapore Mediation Convention: The Process And Key Choices, Harold Abramson
The New Singapore Mediation Convention: The Process And Key Choices, Harold Abramson
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No abstract provided.
Contract Creep, Tal Kastner, Ethan J. Leib
Contract Creep, Tal Kastner, Ethan J. Leib
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Scholars and judges think they can address the multiple purposes and values of contract law by developing different doctrinal regimes for different transaction types. They think if we develop one track of contract doctrine for sophisticated parties and another for consumers, we can build a better world of contract: protecting private ordering for sophisticated parties and protecting consumers’ needs all at once. Given the growing enthusiasm for laying down these separate tracks and developing their infrastructures, this Article brings a necessary reality check to this endeavor by highlighting for scholars and judges how doctrine in contract law functions in fact: …
Court Litigation Over Arbitration Agreements: Is It Time For A New Default Rule?, Jack Graves
Court Litigation Over Arbitration Agreements: Is It Time For A New Default Rule?, Jack Graves
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Court litigation over the existence or validity of arbitration agreements is a major threat to the efficacy of international commercial arbitration. While New York Convention Article II(3) requires a court to “refer the parties to arbitration” when faced with a valid and effective arbitration agreement, it fails to provide any guidance with respect to the process for answering that question, thus leaving the issue to national law. A recalcitrant respondent may, therefore, have a variety of options for court challenges—based on a disparate array of national laws—in seeking to delay or at least complicate any claims subject to arbitration. This …
Court Litigation Over Arbitration Agreements: Is It Time For A New Default Rule?, Jack Graves
Court Litigation Over Arbitration Agreements: Is It Time For A New Default Rule?, Jack Graves
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Court litigation over the existence or validity of arbitration agreements is a major threat to the efficacy of international commercial arbitration. While New York Convention Article II(3) requires a court to “refer the parties to arbitration” when faced with a valid and effective arbitration agreement, it fails to provide any guidance with respect to the process for answering that question, thus leaving the issue to national law. A recalcitrant respondent may, therefore, have a variety of options for court challenges—based on a disparate array of national laws—in seeking to delay or at least complicate any claims subject to arbitration. This …
Arbitration As Contract: The Need For A Fully Developed And Comprehensive Set Of Statutory Default Legal Rules, Jack Graves
Arbitration As Contract: The Need For A Fully Developed And Comprehensive Set Of Statutory Default Legal Rules, Jack Graves
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This article addresses an increasingly important topic in today’s commercial world—the United States Federal Arbitration Act. While arbitration under this Act has been subject to ever increasing criticism and calls for reform on a variety of fronts (often from the perspective of consumer or employment arbitration), this article focuses specifically on commercial, business-to-business arbitration and critically evaluates the Act as a set of default legal rules governing arbitration as a unique contractual business relationship.
The article first looks at arbitration from a contractual default rules perspective, and then employs this perspective to analyze (1) the existing federal statutory scheme, (2) …
Business Interest Cases – October 2009 Term, Leon D. Lazer, Leon Friedman
Business Interest Cases – October 2009 Term, Leon D. Lazer, Leon Friedman
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No abstract provided.
Ica And The Writing Requirement: Following Modern Trends Towards Liberalization Or Are We Stuck In 1958?, Jack Graves
Ica And The Writing Requirement: Following Modern Trends Towards Liberalization Or Are We Stuck In 1958?, Jack Graves
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Article 7 of the Model Law was revised in 2006 to liberalize any requirements of form, consistent with modern commercial practices and modern legal trends reflected in national laws. To the extent adopted by national legislatures, either of the two available options under this revision will effectively eliminate any requirement of a “record of consent,” thus making arbitration agreements more easily enforceable in the adopting jurisdiction. However, any such revision of national laws on arbitration based on the revisions of Article 7 of the Model Law will not necessarily have any effect on enforcement of awards in other jurisdictions under …
"Arbitration As A Final Award: Challenges And Enforcement" Published As Chapter 10 In International Sales Law And Arbitration: Problems, Cases, And Commentary, Jack M. Graves, Joseph F. Morrissey
"Arbitration As A Final Award: Challenges And Enforcement" Published As Chapter 10 In International Sales Law And Arbitration: Problems, Cases, And Commentary, Jack M. Graves, Joseph F. Morrissey
Scholarly Works
No abstract provided.
Contracting Out Of Process, Contracting Out Of Corporate Accountability: An Argument Against Enforcement Of Pre-Dispute Limits On Process, Meredith R. Miller
Contracting Out Of Process, Contracting Out Of Corporate Accountability: An Argument Against Enforcement Of Pre-Dispute Limits On Process, Meredith R. Miller
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There have been many well-articulated and convincing critiques aimed at mandatory arbitration. Indeed, presently before Congress is proposed legislation titled the Arbitration Fairness Act, that would ban pre-dispute arbitration in the consumer, franchise and employment contexts. However, maligned as the plaintiff bar's pro-lawsuit legislation, the Arbitration Fairness Act is predicted to have very little chance of enactment. Consequently, across varying industries, the pre-dispute arbitration regime endures unheedingly. Thus, this Article sets aside the arguments aimed generally at pre-dispute arbitration clauses and, instead, sets its sights on some of the terms that seem to arise in such clauses. The focus here …
Final Offer Arbitration, Harold I. Abramson
Party Autonomy In Choice Of Commercial Law: The Failure Of Revised U.C.C. § 1-301 And A Proposal For Broader Reform, Jack M. Graves
Party Autonomy In Choice Of Commercial Law: The Failure Of Revised U.C.C. § 1-301 And A Proposal For Broader Reform, Jack M. Graves
Scholarly Works
No abstract provided.
Problem-Solving Advocacy In Mediations, Harold I. Abramson
Problem-Solving Advocacy In Mediations, Harold I. Abramson
Scholarly Works
No abstract provided.
Protocols For International Arbitrators Who Dare To Settle Cases, Harold Abramson
Protocols For International Arbitrators Who Dare To Settle Cases, Harold Abramson
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The best time to settle an international business dispute can be after the international arbitration proceeding has been commenced. Just like in court litigation, parties may be ready to settle only after the adjudicatory process has begun and even has progressed. In court, judges commonly open the door to settlement; they hold settlement conferences and even actively participate in settlement negotiations. But arbitrators rarely open the door to settlement; when they do, they risk losing their jobs. So, what can international arbitrators safely do? What dare they do?
In this article, the author explores the dilemma presented when one neutral …
Predisposed With Integrity: The Elusive Quest For Justice In Tripartite Arbitrations, Deseriee A. Kennedy
Predisposed With Integrity: The Elusive Quest For Justice In Tripartite Arbitrations, Deseriee A. Kennedy
Scholarly Works
No abstract provided.
A Primer On Resolving Disputes: Lessons From Alternative Dispute Resolution, Harold I. Abramson
A Primer On Resolving Disputes: Lessons From Alternative Dispute Resolution, Harold I. Abramson
Scholarly Works
No abstract provided.