Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Institution
Articles 1 - 9 of 9
Full-Text Articles in Law
Tie That Doesn't Bind: Fifth Circuit Rules That Non-Signatory Agents Can't Compel Arbitration As Individuals - Westmoreland V. Sadoux, The, Keisha I. Patrick
Tie That Doesn't Bind: Fifth Circuit Rules That Non-Signatory Agents Can't Compel Arbitration As Individuals - Westmoreland V. Sadoux, The, Keisha I. Patrick
Journal of Dispute Resolution
In Westmoreland v. Sadoux, the Fifth Circuit addresses the issue of whether a signatory party intended to enter an arbitration agreement with a non-signatory agent of the defendant corporation. The non-signatory agent sought to enforce the arbitration agreement between the signatory party and the signatory corporation in a suit brought against the non-signatory agent in his individual capacity. This case differs from most others that courts have addressed concerning non-signatory agents. In most cases, the complaining party seeks to enforce the arbitration agreement against the non-signatory agent. Yet, in Westmoreland, the nonsignatory agent himself seeks to compel arbitration
Arbitration And Unconscionability, Eric J. Mogilnicki, Kirk D. Jensen
Arbitration And Unconscionability, Eric J. Mogilnicki, Kirk D. Jensen
Georgia State University Law Review
No abstract provided.
New Era Of Disclosure: California Judicial Council Enacts Arbitrator Ethics Standards - Ethics Standards For Neutral Arbitrators In Contractual Arbitration, A, Keisha I. Patrick
New Era Of Disclosure: California Judicial Council Enacts Arbitrator Ethics Standards - Ethics Standards For Neutral Arbitrators In Contractual Arbitration, A, Keisha I. Patrick
Journal of Dispute Resolution
Although the current CJC ethics rules consist of seventeen standards and several subsections "intended to guide the conduct of arbitrators, '17 this Note will focus only on the disclosure requirements. The Note will also compare the CJC standards with disclosure rules that provider organizations have previously enacted.
Renegotiation And Adaptation Of International Investment Contracts, Klaus P. Berger
Renegotiation And Adaptation Of International Investment Contracts, Klaus P. Berger
Vanderbilt Journal of Transnational Law
In modern-day international investment practice, especially in connection with the exploitation of natural resources, Production Sharing Agreements have come to take over the role of the classic concession agreement. Like their predecessors, these contracts are particularly vulnerable to disturbances in the commercial balance agreed to, or assumed by, the parties at the conclusion of the contract. This vulnerability has three primary causes.
First, these are classic examples of long term contracts. In the petroleum industry, the commitment of significant capital for exploration, particularly in development, and the assumption of considerable risk, particularly in exploration, require contracts covering up to and …
Renegotiation And Adaptation Clauses In Investment Contracts, Revisited, John Y. Gotanda
Renegotiation And Adaptation Clauses In Investment Contracts, Revisited, John Y. Gotanda
Vanderbilt Journal of Transnational Law
Professor Dr. Klaus Berger, in Renegotiation and Adaptation of International Investment Contracts: The Role of Contract Drafters and Arbitrators, proposes that international investment contracts include a clause allowing the parties to renegotiate the terms of their contract if certain events take place.' If they are unable to reach an agreement, Professor Berger advocates that the parties agree to permit an arbitral tribunal to modify the terms of the contract to restore the economic equilibrium assumed by the parties when they concluded the agreement. Although commentators have often championed these clauses, private parties involved in international transactions have included them infrequently. …
The Exercise Of Contract Freedom In The Making Of Arbitration Agreements, Thomas E. Carbonneau
The Exercise Of Contract Freedom In The Making Of Arbitration Agreements, Thomas E. Carbonneau
Vanderbilt Journal of Transnational Law
The privatization and contractualization of arbitration, while they empower parties and unburden public institutions, should not eliminate completely the basis for the public regulation of the process. The string of "one-off' arbitrations, gathered together, has consequences upon the public interest in the orderly administration of adjudicative relations in both domestic and international law. The use of arbitration does have a bearing upon the substantive content of legal rights. Judicial vigilance should not only ward off the flagrant abuses of process and procedure in arbitration, but it should also establish an "interests of justice" limitation upon the operation of the process …
Major League Baseball's Answer To Salary Disputes And The Strike:, Brien M. Wassner
Major League Baseball's Answer To Salary Disputes And The Strike:, Brien M. Wassner
Vanderbilt Journal of Entertainment & Technology Law
Initially, this paper will briefly consider arbitration in general and then discuss the evolution of FOA and its implementation into MLB salary disputes. This paper will thereafter analyze the praises and criticisms of FOA, and establish that FOA is a superior mechanism for resolving salary disputes in professional sports because the FOA system is designed to facilitate negotiation and settlement rather than to resolve the dispute subsequent to adversarial hearings.
The Culture Of Arbitration, Tom Ginsburg
The Culture Of Arbitration, Tom Ginsburg
Vanderbilt Journal of Transnational Law
The relationship between "legal culture" and the practice of international arbitration has received increasing attention in recent years. Many see arbitration as a meeting point for different legal cultures, a place of convergence and interchange wherein practitioners from different backgrounds create new practices. Some have suggested that this process has led to an emergent "international arbitration culture" fusing together elements of the common law and civil law traditions. Others see arbitration as a locus of conflict among traditions or as competition among various players.
This comment contests the view that the current state of convergence in arbitration is properly considered …
Self-Deregulation, The "National Policy" Of The Supreme Court, Paul D. Carrington
Self-Deregulation, The "National Policy" Of The Supreme Court, Paul D. Carrington
Nevada Law Journal
No abstract provided.