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Articles 1 - 10 of 10

Full-Text Articles in Law

Of "Procedural Arbitrability": The Effect Of Noncompliance With Contract Claims Procedures, Thomas J. Stipanowich Jul 1989

Of "Procedural Arbitrability": The Effect Of Noncompliance With Contract Claims Procedures, Thomas J. Stipanowich

South Carolina Law Review

No abstract provided.


Unfair And Deceptive Trade Practices In Construction Litigation And Arbitration, Richard D. Conner, Cynthia A. Hatfield, Carmon J. Stuart Jul 1989

Unfair And Deceptive Trade Practices In Construction Litigation And Arbitration, Richard D. Conner, Cynthia A. Hatfield, Carmon J. Stuart

South Carolina Law Review

No abstract provided.


The Use Of Arbitration In Cuba: International Solutions For The Resolution Of Local Problems, Henry Dahl Jul 1989

The Use Of Arbitration In Cuba: International Solutions For The Resolution Of Local Problems, Henry Dahl

University of Miami Inter-American Law Review

No abstract provided.


Court-Annexed Arbitration: Kentucky's Viable Alternative To Litigation, James C. Thornton Jan 1989

Court-Annexed Arbitration: Kentucky's Viable Alternative To Litigation, James C. Thornton

Kentucky Law Journal

No abstract provided.


Recent Developments: The Uniform Arbitration Act Jan 1989

Recent Developments: The Uniform Arbitration Act

Journal of Dispute Resolution

The U.A.A. provides that "[a] written agreement to submit any existing controversy to arbitration . . . is valid, enforceable and irrevocable, save upon such grounds as exist at law or in equity for the revocation of any contract. "5 Courts and legislatures alike routinely state the policies promoting arbitration. Because most states favor the settlement of disputes through arbitration, there is a tendency for courts to find a valid arbitration agreement


Venue For Motions To Confirm Or Vacate Arbitration Awards Under The Federal Arbitration Act, Susan C. Rabasca Jan 1989

Venue For Motions To Confirm Or Vacate Arbitration Awards Under The Federal Arbitration Act, Susan C. Rabasca

Fordham Law Review

No abstract provided.


Mandatory Securities Industry Arbitration: The Problems And The Solution, David A. Lipton Jan 1989

Mandatory Securities Industry Arbitration: The Problems And The Solution, David A. Lipton

Maryland Law Review

No abstract provided.


Cultural Neutrality: A Prerequisite To Arbitral Justice, Giorgio Bernini Jan 1989

Cultural Neutrality: A Prerequisite To Arbitral Justice, Giorgio Bernini

Michigan Journal of International Law

In common parlance, neutrality is often equated with impartiality. Any such assimilation, however, would be incorrect, since neutrality and impartiality are intrinsically different. At the risk of oversimplification, neutrality may be defined as an objective status, i.e. the likelihood that the arbitrator will be, and remain, wholly equidistant in thought and action throughout the arbitral proceedings. Impartiality, on the contrary, partakes more of a subjective status, to be tested in the context of the concrete relations existing between the arbitrator(s) and each individual party. It follows that one can be impartial without being neutral; and conversely, that no arbitrator may …


International Commercial Arbitration In The United States: Considering Whether To Adopt Uncitral's Model Law, Patrick John Potter Jan 1989

International Commercial Arbitration In The United States: Considering Whether To Adopt Uncitral's Model Law, Patrick John Potter

Michigan Journal of International Law

This Note will explore some of the areas overlooked by the Committee, including the benefits and burdens which adopting the Model Law would involve. Part One briefly describes the Model Law's background and provides a summary of its articles. Part Two discusses some factors that should be considered when Congress decides whether or not to adopt the Model Law. Part Three summarizes the present status of international commercial arbitration law in the United States, and recommends en bloc adoption of the Model Law. Enacting a separate international arbitration law that is familiar to foreigners will facilitate arbitration with U.S. parties. …


Hey Counselor, Can You Spare A Dime - The Seventh Circuit's High-Water Mark In Curbing Meritless Challenges Of Arbitration Awards - Hill V. Norfolk & (And) Western Railway, Robert K. Angstead Jan 1989

Hey Counselor, Can You Spare A Dime - The Seventh Circuit's High-Water Mark In Curbing Meritless Challenges Of Arbitration Awards - Hill V. Norfolk & (And) Western Railway, Robert K. Angstead

Journal of Dispute Resolution

This Note traces the history of the Seventh Circuit's recent use of Rule 11 in actions involving the circumvention of the arbitration process to that circuit's highwater mark decision in Hill v. Norfolk & Western Railway.1 " This history serves to illuminate the imperative delivered by Judge Posner, not only to members of the bar in the Seventh Circuit but to officers of the court nationwide: "Lawyers practicing in the Seventh Circuit, take heed!"