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Articles 1 - 30 of 46
Full-Text Articles in Law
But We Didn’T Agree To That!: Why Class Proceedings Should Not Be Implied From Silent Or Ambiguous Arbitration Clauses After Lamps Plus, Inc. V. Varela, Andrea Demelo Laprade
But We Didn’T Agree To That!: Why Class Proceedings Should Not Be Implied From Silent Or Ambiguous Arbitration Clauses After Lamps Plus, Inc. V. Varela, Andrea Demelo Laprade
Catholic University Law Review
The application of class arbitrability when a contract is silent on the matter remains a mystery. The Supreme Court has not clarified its stance on class arbitrability and preemptive effects of the Federal Arbitration Act on state law when applied to determine if class arbitrability is available. The purpose of this Paper is to address how the Lamps Plus v. Varela decision created more confusion about the question of class arbitrability. It argues that the failure to address the particulars of the availability of class arbitration will perpetuate litigation on this issue. This Paper suggests that the FAA’s purpose supports …
Does The Lack Of Binding Precedent In International Arbitration Affect Transparency In Arbitral Proceedings?, Emily F. Ariz
Does The Lack Of Binding Precedent In International Arbitration Affect Transparency In Arbitral Proceedings?, Emily F. Ariz
University of Miami International and Comparative Law Review
This note explores how the lack of binding precedent in both international commercial and investment arbitration affects transparency in arbitral proceedings. As arbitration increases in popularity, its deficiencies have become more apparent. The lack of binding precedent in arbitration is convenient in some ways, but problematic as it leaves arbitrators an immense amount of discretion when deciding cases. With many decisions unpublished to maintain confidentiality and those decisions that are published sometimes lack reasoning to support the award, transparency in arbitral proceedings is practically nonexistent. In recent years, there is a trend toward more transparency in certain types of arbitral …
Structural Barriers To Inclusion In Arbitrator Pools, Nicole G. Iannarone
Structural Barriers To Inclusion In Arbitrator Pools, Nicole G. Iannarone
Washington Law Review
Critics increasingly challenge mandatory arbitration because the pools from which decisionmakers are selected are neither diverse nor inclusive. Evaluating diversity and inclusion in arbitrator pools is difficult due to the black box nature of mandatory arbitration. This Article evaluates inclusion in arbitrator pools through a case study on securities arbitration. The Article relies upon the relatively greater transparency of the Financial Industry Regulatory Authority (FINRA) forum. It begins by describing the unique role that small claims securities arbitration plays in maintaining investor trust and confidence in the securities markets before describing why ensuring that the FINRA arbitrator pool is both …
Class Arbitration Waivers Cannot Be Found Unconscionable: A Pervasive And Common "Mis-Concepcion", Emma Silberstein
Class Arbitration Waivers Cannot Be Found Unconscionable: A Pervasive And Common "Mis-Concepcion", Emma Silberstein
Northwestern University Law Review
In 1925, Congress enacted the Federal Arbitration Act (FAA) as a means of quelling judicial hostility towards arbitration agreements, providing a mechanism for the enforcement of such agreements. The Supreme Court’s treatment and application of the FAA has evolved over time, and in recent decades the FAA has been massively extended to cover not only arm’s-length commercial transactions, but consumer and employment contracts as well. The Supreme Court, its previous hostile stance long forgotten, has created a policy of favoring arbitration and striking down many an argument that may interfere with that policy. In particular, the Court solidified its position …
Arbitrating Security Class Actions: The Limits Of Forum Selection Bylaws, Paul Schochet
Arbitrating Security Class Actions: The Limits Of Forum Selection Bylaws, Paul Schochet
St. John's Law Review
No abstract provided.
The Doctrine Of Functus Officio And Its Exceptions Under The Arbitration Law Of Jordan, Mosleh Ahmad Al Tarawneh, Jalal Mahmoud Al-Qhaiwi
The Doctrine Of Functus Officio And Its Exceptions Under The Arbitration Law Of Jordan, Mosleh Ahmad Al Tarawneh, Jalal Mahmoud Al-Qhaiwi
Al-Balqa Journal for Research and Studies البلقاء للبحوث والدراسات
This study examines the doctrine of Functus Officio and its exceptions under the Jordanian Arbitration Law and its relation with the doctrine of res judicata. We will first shed the light on on the doctrine and the awards to which it apply. Then, we will examine the exceptions of the doctrine that alleviate the potential harshness of the doctrine. These exceptions are: correction of clerical error in the award, interpretation of ambiguities or obscurities in the text of the award and supplementation or the issuance of an additional award on matters or claims presented in the arbitral proceedings but omitted …
Investment Court System (Ics) Sebagai Alternatif Baru Investor-State Dispute Settlement (Isds)
Investment Court System (Ics) Sebagai Alternatif Baru Investor-State Dispute Settlement (Isds)
"Dharmasisya” Jurnal Program Magister Hukum FHUI
One form of the impacts of economic globalization is the growing investment internationally. This is indicated by the increasing number of international agreements such as free trade agreements, multilateral investment agreements, bilateral investment agreements, and so on. Due to the developing of investments globally, a mechanism on international investment dispute resolution is certainly needed, but because of there is no international treaty on investment dispute settlement, then there is also no international investment court. So procedurally, the arbitration tribunals follow the established arbitration rules. Investor-State Dispute Settlement (ISDS) is a treaty-based dispute resolution mechanism that found in many international investment …
The Power Of Two Words To Split Circuits, Natalie Whitacre
The Power Of Two Words To Split Circuits, Natalie Whitacre
University of Miami Law Review
28 U.S.C. § 1782 authorizes federal judges to grant assistance to a “foreign or international tribunal” for discovery proceedings. The meaning of the term “foreign or international tribunal” has been the subject of much dispute. In 2019 the Sixth Circuit became the first court of appeals to extend the purview of the statute to private commercial arbitration, creating a circuit split. However, the use of 28 U.S.C. § 1782 in arbitral proceedings raises a number of questions about whether U.S. style discovery would impede the efficiency of arbitration and whether the practice could be extended to international tribunals located within …
Capitalization Of The Global Green Economy: An Analysis Of South Carolina's Current Foreign Direct Investment Efforts And Suggestions For Continued Sustainability, William E. Hilger
Capitalization Of The Global Green Economy: An Analysis Of South Carolina's Current Foreign Direct Investment Efforts And Suggestions For Continued Sustainability, William E. Hilger
South Carolina Law Review
No abstract provided.
Private Juries Within The Arbitration Framework: A Third Path In Dispute Resolution, Lionel M. Schooler, Luke Gilman
Private Juries Within The Arbitration Framework: A Third Path In Dispute Resolution, Lionel M. Schooler, Luke Gilman
Pepperdine Dispute Resolution Law Journal
In the context of a global pandemic and a resulting backlog of jury trials in the United States court system, this article explores the potential for employing a private jury system within existing arbitration law to provide a third path for parties seeking an expedient resolution of disputes by juries when impediments exist to jury trial in court. After an introduction and background on the current state of the global SARS-CoV-2 pandemic and its effect on court backlogs, we outline the law applicable to private jury proceedings, including (a) whether an arbitral award predicated on a private jury determination is …
Arbitration With Government, Jack I. Garvey
Arbitration With Government, Jack I. Garvey
Pepperdine Dispute Resolution Law Journal
Arbitration is today increasingly dominant in the affairs of government. As a principal means of alternative dispute resolution, the utility of arbitration has brought it far beyond the confines of private law. The expanding role of arbitration is now broadly evident in agreements with governments and governmental entities at state and federal levels, and in international agreements involving governments. The question this poses for the lawyer working for government, or private parties contractually bound to arbitrate with government, is whether the adoption of arbitration for disputes involving government constitutes a fundamental shift of dynamics requiring a strategic shift in perspective …
Arbitration In Concluded Securities Exchange Trading Contracts Between The Financial Intermediary And The Investor In Light Of The Uae Law, Dr. Ramzi Madi, Samer Al-Maaytah
Arbitration In Concluded Securities Exchange Trading Contracts Between The Financial Intermediary And The Investor In Light Of The Uae Law, Dr. Ramzi Madi, Samer Al-Maaytah
UAEU Law Journal
With the growing role of financial brokers in securities exchange trading operations in stock markets and their monopoly of buying and selling securities for the account of investors in the financial markets, this has led to the emergence of many disputes between financial brokers and their clients resulting from buying and selling orders for the purpose of concluding trading operations issued by the investor for financial intermediate.
Because of the technical nature of securities exchange trading operations, many countries have sought to find appropriate means to settle such disputes of a special nature, and found that arbitration is one of …
The Arbitration In Urgent Matters In Light Of The Comparative And The Uae Laws, Prof. Sayed Mahmoud Ahmed, Dr. Mahmoud Fayyad
The Arbitration In Urgent Matters In Light Of The Comparative And The Uae Laws, Prof. Sayed Mahmoud Ahmed, Dr. Mahmoud Fayyad
UAEU Law Journal
The interim protection for legal rights is one of the methods of judicial protection that avoids the risk of delay in the implementation of the law and in providing objective protection for these rights and centers, as well as to preserve them from this risk by taking urgent, temporary or conservative measures by issuing judgments or orders. Therefore, the aim of this research is to answer the following questions: does the arbitrator have the right to consider interim requests to achieve this protection, and if yes what is the legal base of this authority? What are the authorities of the …
Mobile-Based Transportation Companies, Mandatory Arbitration, And The Americans With Disabilities Act, Tamar Meshel
Mobile-Based Transportation Companies, Mandatory Arbitration, And The Americans With Disabilities Act, Tamar Meshel
Journal of Law and Mobility
Uber, Lyft, DoorDash and similar mobile-based transportation network companies (TNCs) have been involved in numerous legal battles in multiple jurisdictions. One contested issue concerns whether TNC drivers are employees or independent contractors. Uber recently lost this battle to some extent in the UK, but won it in California. Another issue concerns the TNCs’ use of mandatory (pre-dispute) arbitration clauses in their standard form service agreements with both drivers and passengers. These arbitration clauses purport to obligate such future plaintiffs to resolve any dispute with the defendant TNC outside of court and, typically, on an individual rather than a class basis. …
The Negotiation Tactics Of Nelson Mandela, Christian Parham
The Negotiation Tactics Of Nelson Mandela, Christian Parham
Global Tides
Nelson Mandela is known across the world for his extraordinary peacemaking skills. This paper examines the negotiation tactics Nelson Mandela used to bring unity to South Africa. It begins with examining his childhood and young adult years to highlight the development of his skills, and then provides a comprehensive review of the negotiations he participated in. It explores the effectiveness of each one and describes lessons that can be received. In so doing, it provides an evaluation of his tactics and concludes with how these lessons can be applied in light of current societal issues.
Police Arbitration, Stephen Rushin
Police Arbitration, Stephen Rushin
Vanderbilt Law Review
Before punishing an officer for professional misconduct, police departments often provide the officer with an opportunity to file an appeal. In many police departments, this appeals process culminates in a hearing before an arbitrator. While numerous media reports have suggested that arbitrators regularly overturn or reduce discipline, little legal research has comprehensively examined the outcomes of police disciplinary appeals across the United States.
In order to better understand the use of arbitration in police disciplinary appeals and build on prior research, this Article draws on a dataset of 624 arbitration awards issued between 2006 and 2020 from a diverse range …
From The Frontlines Of The Modern Movement To End Forced Arbitration And Restore Jury Rights, F. Paul Bland, Myriam Gilles, Tanuja Gupta
From The Frontlines Of The Modern Movement To End Forced Arbitration And Restore Jury Rights, F. Paul Bland, Myriam Gilles, Tanuja Gupta
Chicago-Kent Law Review
No abstract provided.
Employment Arbitration Agreements: The Case For Ethical Standards For Dispute Resolution System Designers, Michael L. Russell
Employment Arbitration Agreements: The Case For Ethical Standards For Dispute Resolution System Designers, Michael L. Russell
Pepperdine Dispute Resolution Law Journal
Dispute resolution design is an emerging field, both academically and professionally. Attorneys, mediators, and arbitrators, the other roles in the alternative dispute resolution process, have codes of ethics which guide their conduct. Dispute resolution designers, however, have no such guidelines. This article uses the example of mandatory arbitration agreements in the employment context to illustrate why this lack of ethical guidelines for dispute resolutions designers is problematic. In recent years, mandatory arbitration agreements significantly impacted employment law and litigation. The two most problematic provisions that often appear in mandatory arbitration agreements in the workplace context are cost sharing provisions and …
Level The Playing Field: Advocating For The Removal Of Major League Baseball’S Prohibition On The Admissibility Of Statcast-Generated Sabermetrics As Evidence In Salary Arbitration Hearings, Christian Podest
Pepperdine Dispute Resolution Law Journal
This paper argues that Major League Baseball should amend its Collective Bargaining Agreement (CBA) to remove the outright ban on certain types of statistical evidence to help prove a player’s value. First, the paper briefly describes the history of the compensation system in the MLB and its evolution. Then, it details how final offer arbitration became the default mechanism for resolving compensation disputes between teams and players. The paper subsequently focuses on the Collective Bargaining Agreement’s carve-out of statistical evidence and notes the similarities and differences between Major League Baseball’s evidentiary standards governing salary arbitration hearings and the Federal Rules …
In Contracts We Trust (And No One Can Change Their Mind)! There Should Be No Special Treatment For Religious Arbitration, Michael J. Broyde, Alexa J. Windsor
In Contracts We Trust (And No One Can Change Their Mind)! There Should Be No Special Treatment For Religious Arbitration, Michael J. Broyde, Alexa J. Windsor
Pepperdine Dispute Resolution Law Journal
No abstract provided.
The Determination Of Applicable Law In International Commercial Arbitration, Dr. Obaid Saqer Busit
The Determination Of Applicable Law In International Commercial Arbitration, Dr. Obaid Saqer Busit
UAEU Law Journal
Arbitration as means of settling commercial disputes between parties of different nationalities has been a popular and successful alternative to national court proceedings. Moreover, arbitration allows the parties to choose the applicable law governing their agreement. International arbitral rules generally allow the parties to an arbitration agreement to choose the substantive law that will govern the dispute. 1 However, this right of choice of applicable law involves various elements, one of the most troublesome of which is the choice of substantive law to be applied in a given dispute. An arbitrator is bound to reach a decision in accordance with …
The Hague Rules On Third-Party Joinder: A Revised Framework, Emma Macfarlane
The Hague Rules On Third-Party Joinder: A Revised Framework, Emma Macfarlane
Michigan Business & Entrepreneurial Law Review
This paper critically assesses the Hague Rules’ stance on third-party joinder. Third-party joinder is an important feature in business human rights disputes. It is a mechanism that victims of human rights abuses can use to bring claims against corporate defendants where the victims do not otherwise have an underlying agreement on which to base their claim. Keeping in line with traditional conceptions of commercial arbitration, the Hague Rules are grounded in party consent to arbitrate. Conceptions of consent therefore have an outsized impact on the universe of parties who can bring actions against corporations before arbitral tribunals for human rights …
Crisis, Continuity, And Change In International Investment Law And Arbitration, Valentina Vadi
Crisis, Continuity, And Change In International Investment Law And Arbitration, Valentina Vadi
Michigan Journal of International Law
The dialectic between continuity and change lies at the heart of international law, which seeks to foster peaceful, just, and prosperous relations among nations. International law endeavors to govern the future by applying, in the present, norms that are inherited from the past. Nonetheless, everything flows and in an ever-changing world, some change is needed within the international legal system to ensure its stability especially in time of crisis. Not only can crises constitute means for the development of international law, but they can test, undermine or ultimately buttress the structure of international law. This article explores the connection between …
Blind Justice And Just Arbitrators: Understanding The Federal Arbitration Act’S Evident Partiality Standard, Heather Cameron
Blind Justice And Just Arbitrators: Understanding The Federal Arbitration Act’S Evident Partiality Standard, Heather Cameron
Fordham Law Review
Arbitral awards are intended to be binding on parties who subject their disputes to arbitration. However, an arbitrator’s bias in favor of one of the parties is one of the few grounds on which a party can object to such an award. The standard used to evaluate such bias is known as “evident partiality.” This Note examines two commonly used standards—referred to in this Note as the “possible impression” standard and the “likely actual bias” standard—deployed by U.S. courts to define evident partiality and determine whether the requirements for vacating an arbitral award have been fulfilled. This Note advocates that …
Significance Of Arbitration Islamic Jurisprudence-Dr. Abdul Majeed Al-Susuah
Significance Of Arbitration Islamic Jurisprudence-Dr. Abdul Majeed Al-Susuah
UAEU Law Journal
The significance of the concept of arbitration in Islam stems Form the fact that the verdict that the arbitrator reaches is considered binding for both adversaries. That is, his ruling cannot be rebutted, unless a legitimate justification calls for a rebuttal. Both adversaries can dismiss the arbitrator before he reaches his verdict. However, an opponent cannot dismiss the arbitrator after he listened to the case unless the other opponent agrees. The adversaries' approval of the arbitrator's decision is not required as long as it conforms with the Islamic Jurisdiction.
The convict has the right to file a petition, rebutting the …
The Obligatory Nature Of Arbitration Awards And Their Implementation In National And International Arbitration Dr. George Hazbon Hazbon & Dr. Radwan Obaidat, George Hazboun
UAEU Law Journal
This research aimed to analyse the arbitration award in it's various natures to deal with the principle of resjudicate issue in the domestic arbitration, the foreign arbitration and the private international one. Also the research dealt with the exceptions to the principle in a comparative view, to focus finally on the possibility of considering an absolute effect of the principle besides the relative one.
The Judicial Control Of Arbitration In The Jordanian Law, Mohannad Azmi Abou-Moghli, Amjad Hamdan Juhani
The Judicial Control Of Arbitration In The Jordanian Law, Mohannad Azmi Abou-Moghli, Amjad Hamdan Juhani
UAEU Law Journal
This paper deals with the courts' supervision over the arbitration decision in the Jordanian Law in light of the New York Convention of 1958. The Courts' supervision consists of two forms: the supervision over the invalidation application of the arbitration decision and the supervision over the enforcement of the arbitration decision.
For this purpose, this paper was divided into two main sections in addition to an introductory section which dealt with the forms of cooperation between courts and arbitration. The first section discussed the invalidation suit of the arbitration decision while the second section dealt with its enforcement. Finally, the …
Arbitration In Discord Between The Spouses And Mechanisms Developed In Eliminating The Legitimate Jordanian, Abdullah Mohammed Rababaa, Mohamed Mahmoud Tlafha, Osama Ali Rababaa
Arbitration In Discord Between The Spouses And Mechanisms Developed In Eliminating The Legitimate Jordanian, Abdullah Mohammed Rababaa, Mohamed Mahmoud Tlafha, Osama Ali Rababaa
UAEU Law Journal
This research covers the subject of Arbitrating between the Couples when conflict occurs between them. This paper shows the meaning of Arbitrating, conflict and any other terms related to them. Arbitrating aims at bringing peace and resolve conflicts between the Couples which serves the objectives of shari'a. The paperalso shows its importance and the conditions and character is tics of Arbitrators.
The paper discussing the phases of this process, beginning by the agreement on arbitrating as a method to solve the conflict, and the stay of the a garment between the opponents and the arbitrator and assigning recognizable as a …
Writing Condition And Electronic Arbitration A Comparative Study, Ibrahim Sabri Al-Arnaout
Writing Condition And Electronic Arbitration A Comparative Study, Ibrahim Sabri Al-Arnaout
UAEU Law Journal
This research is concerned with the issue of writing the arbitration agreement which is a formal condition required by the comparative legislation to conclude the arbitration agreement. Its purpose is to identify all the legal aspects of this condition and demonstrate its concept, nature and aspects. Then a question about the extent of the need for the traditional writing condition for the electronic arbitration agreement to be legal and correct is raised out with respect to showing the concept of this kind of arbitration. Namely, how the writing condition is satisfied within it and what the required conditions for the …
Issues Surrounding The South China Sea Dispute, Motoyasu Nozawa
Issues Surrounding The South China Sea Dispute, Motoyasu Nozawa
Japanese Society and Culture
On 12 July 2016, the decision of the South China Sea Arbitration1 (The Republic of the Philippines against the People’s Republic of China) by a tribunal created under Annex Ⅻ to the United Nations Convention on the Law of the Sea was a near-complete victory for the Philippines. This arbitration concerned the role of historic rights and the source of maritime entitlements in the South China Sea, the status of certain maritime features and the maritime entitlements they are capable of generating, and the lawfulness of certain actions by China that were alleged by the Philippines to violate the Convention. …