Law Commons^™

Consumers Want To Be In Europe; Corporations Want To Be In The U.S.: How To Reform Mandatory Consumer Arbitration Agreements To Be Fair To Both Parties, Kelly Parfitt

Kelly Parfitt

Arbitration is a popular method of resolving legal disputes between businesses. However, in the last few years, corporations have begun putting mandatory consumer arbitration agreements in small print on sales contracts and receipts for consumer goods, credit cards, and mortgages. Consumers are forced to pay fees much higher than court costs, depending on the case. An arbitrator will do hundreds of cases with the same corporations, be familiar with and even in some cases be affiliated with the corporation. This system results in the overwhelming majority of cases being won by corporations. But in the European Union, consumers are given …

Arbitration In Argentina, Felipe Eduardo Zabalza, Martín Torres Girotti

Felipe Eduardo Zabalza

The article is an analysis of arbitration law and procedures in Argentina, as well as recent decisions by the Courts.

Collective Bargaining Agreements In Discrimination Cases: Forum Shopping Their Way Into A New York District Court Near You!, George Klidonas

George Klidonas

There has recently been a divergence of opinion between the state courts and the district courts in New York on the issue of whether a unionized employee must arbitrate discrimination claims in light of a collective bargaining agreement mandating alternative dispute resolution. The problem that New York is faced with is that the New York courts recently failed to properly delineate a standard of what a clear and unmistakable waiver. Furthermore this "split" between the federal and state courts with regards to these arbitration provisions will cause forum shopping by claimants, heavily favoring federal courts. A trilogy of Supreme Court …

Contract Adjudication In A Collaborative Economy, Matthew C. Jennejohn

Matthew C Jennejohn

In order to explore the debate between contextualist versus formalist contract interpretation, this article examines dispute resolution procedures in a novel class of contracts: agreements governing inter-firm collaboration. Analysis of these contracts reveals two phenomena: first, agreements governing collaboration include arbitration clauses more frequently than other commercial contracts; and second, these agreements routinely situate arbitration at the summit of complex escalation procedures. These observations raise, in turn, the following inter-related questions: first, why do collaborators avoid litigation; and second, what makes escalated and private dispute resolution appropriate?

The article’s central claim is that litigation is shunned because contemporary contextualist contract …

A Fighting Chance: The Proposed Servicemembers Access To Justice Act & Its Potential Effects On Binding Arbitration Agreements, Sean M. Hardy

Sean M Hardy

No abstract provided.

An Opportunity Lost: The Supreme Court’S Failure To Recognize The Implications Of Its Holding In Hall Street Associates, L.L.C. V. Mattel, Inc., Eric S. Chafetz

Eric S. Chafetz

The Supreme Court of the United States, in Hall Street Associates, L.L.C. v. Mattel, Inc., 128 S.Ct. 1396 (2008), finally addressed whether parties can contract to expand the judicial review provisions in sections 10 and 11 of Article 1 of the Federal Arbitration Act (“FAA”), which governs domestic arbitration awards. Although the Supreme Court resolved this specific issue in the negative, its analysis was incomplete, as it did not recognize how the meaning of the language included in section 9 of Article 1 of the FAA was very similar to that in section 207 of Article 2 of the FAA. …

Recent Private International Law Developments Before The Supreme Court Of Canada, Antonin I. Pribetic

Antonin I. Pribetic

A trilogy of interesting cases involving private international law recently wended their way to the Supreme Court of Canada: (1) King v. Drabinsky (an Ontario case addressing the applicability of the Charter in respect of the enforcement of a foreign judgment); (2) Teck Cominco Metals Ltd. v. Lloyd's Underwriters (a British Columbia case involving declaratory relief in the context of parallel proceedings and forum non conveniens); and (3) Yugraneft v. Rexx Management Corporation (an Alberta case which affirmed that the two-year limitation period under s.3 of Alberta's Limitations Act, governs when a party seeks the recognition and enforcement in Alberta …

International Arbitrary Arbitrator In Cas: An Uphill Battle Against Sports Organizations’ Corruption, Jae Soog Lee

Jae Soog Lee

No abstract provided.

Deconstructing Public Policy: International Arbitration Law And The Enforcement Of Foreign Awards In India, Aditya Swarup

Aditya Swarup

No abstract provided.

Is Three A Crowd?: Neutrality, Partiality And Partisanship In The Context Of Tripartite Arbitrations, Sean-Patrick Wilson, David J. Mclean

Sean-Patrick Wilson

Despite the widespread usage of party-appointed tripartite arbitration, for some time there has been confusion and concern among academics, courts, parties and arbitrators about the proper role of neutrality in tripartite structure. For example, is it legally permissible for party-appointed arbitrators to be partial? What difference, if any, exists between terms such as “partial,” “partisan” and “non-neutral”? How do we reconcile the Federal Arbitration Act’s ban on “evident partiality” with the concept of having non-neutral arbitrators? Unfortunately, neither Congress nor the Supreme Court has delineated fully the concept of neutrality of party-appointed arbitrators, and the case law among the circuit …

Law & Globalization, Giovanni Iudica

Bocconi Legal Papers

This article explores the position of law vis-à-vis the complex phenomenon of globalization. It begins by defining globalization as the change brought about by the onset of market economy and by the technological revolution of the twentieth century. The article goes on to sketch a short history of the institutions which globalization has had the greatest destabilizing impact on: the national State and—for civil law jurisdictions—codifications. The declining role of States (and their codes) is then presented as the main reason for the enhanced importance of lex mercatoria in regulating international exchanges. This change translates, in practice, in the increased …

Disputing Boilerplate, W. Mark C. Weidemaier

W. Mark C. Weidemaier

Simply A Dress Rehearsal? U.S. Olympic Sports Arbitration And De Novo Review At The Court Of Arbitration For Sport, Maureen A. Weston Prof.

Maureen A Weston

This article discusses issues that can arise when American atheletes attempt to deal with the web of national and international dispute resolution procedures and the emerging lex sportiva, which govern international sports. Specifically, it examines the reasons why the American court system cannot assist American athletes who submit to international sports dispute resolution procedures. Congress has designated the United States Olympic Committee (USOC) as the domestic organization that handles disputes involving Olympic-eligible American athletes. If the USOC declares an athlete ineligible or hands down some other sanction, the case can be submitted to the American Arbitration Association (AAA), the tribunal …

L’Arbitrage International: Du Contrat Dyadique Au Système Normatif, Alec Stone Sweet, Florian Grisel

Alec Stone Sweet

No abstract provided.

Bankruptcy Law's Treatment Of Creditors' Jury-Trial And Arbitration Rights, Stephen Ware

Stephen Ware