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Full-Text Articles in Law
Southland Corp. V. Keating, Lewis F. Powell Jr.
Southland Corp. V. Keating, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
The Binding Force Of International Arbitral Awards, William W. Park, Jan Paulsson
The Binding Force Of International Arbitral Awards, William W. Park, Jan Paulsson
Faculty Scholarship
A party that submits a controversy to arbitration may later regret having abandoned recourse to the courts. Once the award is rendered, the chosen arbitrator may no longer seem so wise to the losing party, who may refuse to comply with his decision. A legal system must therefore legitimize the arbitrator's authority if the award is to be more than an unenforceable attempt at conciliation.
Post-Contractual Arbitrability After Nolde Brothers: A Problem Of Conceptual Clarity, Arthur S. Leonard
Post-Contractual Arbitrability After Nolde Brothers: A Problem Of Conceptual Clarity, Arthur S. Leonard
Articles & Chapters
In Nolde Brothers, Inc. v. Local No. 358, Bakery & Confectionery Workers Union,' the Supreme Court held that a labor-management grievance dispute which arose after the expiration of a collective bargaining agreement might, under certain circumstances, be compulsorily arbitrable even though no successor agreement providing for arbitration had been entered into by the parties.2 In so holding, however, the Supreme Court was imprecise in articulating the factors underlying its determination,3 leaving to the lower courts and the National Labor Relations Board (Board) the considerable task of adopting the broadly phrased Nolde rationale-a presumption of continuing arbitrability- to differing situations where …
The Lex Loci Arbitri And International Commercial Arbitration, William W. Park
The Lex Loci Arbitri And International Commercial Arbitration, William W. Park
Faculty Scholarship
Luke's gospel reports that Jesus once declined to arbitrate a family dispute over an inheritance by asking a disgruntled sibling, "Who set me over you to arbitrate?" Private resolution of business disputes raises a related question: whence springs the arbitrator's authority to render a binding award? A company that submits a controversy to arbitration may later regret having abandoned recourse to the courts. On the day of reckoning, the sage chosen to decide the dispute may no longer seem so wise to the losing party, and the loser might consider refusing to comply with the arbitrator's decision. Some legal system, …
Predestination And Swiss Arbitration Law: Geneva's Application Of The International Concordat, Philippe Neyroud, William W. Park
Predestination And Swiss Arbitration Law: Geneva's Application Of The International Concordat, Philippe Neyroud, William W. Park
Faculty Scholarship
Historically, Geneva has proved an attractive site for international commercial arbitration. Today, however, Geneva's arbitral popularity is threatened by the interventionist practices of Switzerland's cantonal courts, which have liberally interpreted their powers to review and overturn arbitral awards. In an effort to prevent a decline in Switzerland's popularity as an arbitral center, Swiss jurists have recently proposed rules providing for greater arbitral autonomy in the private resolution of international business disputes. The authors analyze Swiss judicial intervention in the arbitral process, the problems inherent in such intervention, and a proposed solution to those problems.