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Pepperdine University

Pepperdine Law Review

2016

Arbitration

Articles 1 - 4 of 4

Full-Text Articles in Law

Bg Group And "Conditions" To Arbitral Jurisdiction, Alan Scott Rau, Andrea K. Bjorklund Apr 2016

Bg Group And "Conditions" To Arbitral Jurisdiction, Alan Scott Rau, Andrea K. Bjorklund

Pepperdine Law Review

Although the Supreme Court has over the last decade generated a robust body of arbitration caselaw, its first decision in the area of investment arbitration under a Bilateral Investment Treaty was only handed down in 2014. BG Group v. Argentina was widely anticipated and has attracted much notice, and general approval, on the part of the arbitration community. In this paper we assess the Court’s decision from two different perspectives -- the first attempts to situate it in the discourse of the American law of commercial arbitration; the second considers it in light of the expectations of the international community …


Bg Group V. Republic Of Argentina: A Supreme Misunderstanding Of Investment Treaty Arbitration, Jarrod Wong Apr 2016

Bg Group V. Republic Of Argentina: A Supreme Misunderstanding Of Investment Treaty Arbitration, Jarrod Wong

Pepperdine Law Review

No abstract provided.


Court Assistance In Arbitration—Some Observations On The Critical Stand-By Function Of The Courts, Jan K. Schaefer Apr 2016

Court Assistance In Arbitration—Some Observations On The Critical Stand-By Function Of The Courts, Jan K. Schaefer

Pepperdine Law Review

No abstract provided.


Innovation In Arbitration Law: The Case Of Delaware, Christopher R. Drahozal Apr 2016

Innovation In Arbitration Law: The Case Of Delaware, Christopher R. Drahozal

Pepperdine Law Review

Delaware has become increasingly active in adopting innovative arbitration laws. In 2009, Delaware adopted a confidential system of “arbitration” conducted by sitting Court of Chancery judges, which was subsequently held unconstitutional as violating the First Amendment right of public access to the courts. In 2015, it enacted the Delaware Rapid Arbitration Act (DRAA), creating a system of expedited arbitration in Delaware. Among other things, the DRAA sets mandatory time limits for the completion of arbitration proceedings (with financial penalties for arbitrators who fail to comply), restricts the degree of court involvement in the arbitration process, and provides for expeditious review …