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Full-Text Articles in Law
Rethinking Removal And "Relates To": International Arbitration Disputes And The N.Y. Convention, Holly Wilson
Rethinking Removal And "Relates To": International Arbitration Disputes And The N.Y. Convention, Holly Wilson
University of Richmond Law Review
Part I explores the historical roots of the Convention,
discusses the evolution of its removal provisions, and explains how
it functions in the district courts today. Part II addresses the arguments
in favor of reverting to the Ruhrgas standard. This article
demonstrates that the current judicial interpretation of the Convention's
removal provisions under Beiser is too broad and that the
stricter construction under Ruhrgas should be re-adopted. Part II
examines three key reasons why the current Beiser standard is unworkable:
the current standard (1) leads to absurd results, (2) disrespects
notions of federalism and strains comity, and (3) in conjunction …
Civil Procedure By Contract: A Convoluted Confluence Of Private Contract And Public Procedure In Need Of Congressional Control, David H. Taylor, Sara M. Cliffe
Civil Procedure By Contract: A Convoluted Confluence Of Private Contract And Public Procedure In Need Of Congressional Control, David H. Taylor, Sara M. Cliffe
University of Richmond Law Review
There is great appeal to the notion that parties to a contract may provide in their agreement for how certain aspects of any dispute that may subsequently arise will be resolved. The appeal is so great, in fact, that both parties and courts have embraced the use and enforcement of pre-litigation agreements ("PLAs"). These agreements take a variety of forms. Parties may agree to the forum in which their dispute will be resolved. They may designate the law that will be applied to the resolution of the dispute. Parties may designate what evidence may or may not be presented as …
The United States Supreme Court's Expansive Approach To The Federal Arbitration Act: A Look At The Past, Present, And Future Of Section 2, Preston Douglas Wigner
The United States Supreme Court's Expansive Approach To The Federal Arbitration Act: A Look At The Past, Present, And Future Of Section 2, Preston Douglas Wigner
University of Richmond Law Review
The Federal Arbitration Act ["FAA"] was enacted in 1925 to ensure the validity and enforcement of arbitration agreements in contracts involving maritime transactions or interstate commerce. Intending the Act to be a simple method by which an opportunity would be given to enforce written arbitration agreements, Congress enacted what has become a confusing and controversial statute. Because of the absence of an in-depth discussion regarding the scope and applicability of the Act, Congress placed unintended burdens upon the courts to decipher congressional intent. Of particular concern to the courts was the authority by which Congress enacted the FAA.
Awarding Punitive Damages In Securities Industry Arbitration: Working For A Just Result, Anthony Michael Sabino
Awarding Punitive Damages In Securities Industry Arbitration: Working For A Just Result, Anthony Michael Sabino
University of Richmond Law Review
It is often said that the business of America is business, and probably the best exemplifications of that old truism are the nation's stock exchanges. To be sure, not only stock, but bonds, options, commodities, futures, and a whole plethora of instruments are traded daily in exchanges large and small, in a seamless web straddling the country, if not the world.
Enforcement Of Arbitration Clauses Against Deceived Franchisees, William H. Daughtrey Jr.
Enforcement Of Arbitration Clauses Against Deceived Franchisees, William H. Daughtrey Jr.
University of Richmond Law Review
Resolving the issue of fraud in the inducement of franchise agreements is an area that merits refinement. To save time and expense, arbitration-which bars both parties from the court system to resolve disputes-is a significant contemporary development. The reliance on arbitrators, who are not bound by precedent, is especially serious when their authority to resolve a particular controversy comes from a franchise agreement. Such agreements have been the subject of legislative inquiry, administrative action and litigation largely because of the informational imbalance between franchisors and franchisees during the course of negotiating their agreements. This article argues that, because franchisees generally …