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Full-Text Articles in Law
Employment Discrimination Claims Under Erisa Section 510: Should Courts Require Exhaustion Of Arbitral And Plan Remedies?, Jared A. Goldstein
Employment Discrimination Claims Under Erisa Section 510: Should Courts Require Exhaustion Of Arbitral And Plan Remedies?, Jared A. Goldstein
Michigan Law Review
This Note examines whether courts should require section 510 claimants to exhaust either plan-based or arbitral remedies before seeking judicial relief. It begins by comparing the basis for an exhaustion requirement with respect to benefits claims with the basis for such a requirement with respect to statutory claims - like those under section 510. Part I examines the rationale courts have offered for requiring exhaustion of plan remedies for benefits claims. Part I concludes that federal courts have correctly determined that Congress intended individuals bringing benefits claims to exhaust the remedies provided by the plan before seeking judicial relief. Part …
Arbitration Or Stipulation: Playing Word Games In The Federal Courts - Ddi Seamless Cylinder Int'l V. Gen. Fire Extinguisher Corp., Jeffrey T. Davis
Arbitration Or Stipulation: Playing Word Games In The Federal Courts - Ddi Seamless Cylinder Int'l V. Gen. Fire Extinguisher Corp., Jeffrey T. Davis
Journal of Dispute Resolution
In both its private and more recently, public (court-annexed) forms, arbitration has proven to be an effective tool in fighting the explosion of litigation. In certain contexts, however, some dispute has arisen as to who can actually be an arbitrator. DDI Seamless Cylinder provides an excellent example of this newly disputed area in the framework of the federal courts.
Recent Developments: The Uniform Arbitration Act, Dawn Chapman, Carol Creamer, Cynthia Davenport, Tim Gorman
Recent Developments: The Uniform Arbitration Act, Dawn Chapman, Carol Creamer, Cynthia Davenport, Tim Gorman
Journal of Dispute Resolution
Recent Developments: The Uniform Arbitration Act, a project prepared annually since 1983, is a survey of recent court decisions that interpret state versions of the Uniform Arbitration Act ("U.A.A."). 3 Currently, thirty-four states and the District of Columbia have adopted arbitration statutes patterned after the U.A.A. 4 The purpose of this project is to promote uniformity in interpretation of the U.A.A. by explaining the underlying policies and rationales of recent court decisions.'
The Uncitral Framework For Arbitration In Contemporary Perspective, Alyssa A. Grikscheit
The Uncitral Framework For Arbitration In Contemporary Perspective, Alyssa A. Grikscheit
Michigan Law Review
A Review of The UNCITRAL Framework for Arbitration in Contemporary Perspective by Isaak I. Dore
Punitive Damages In Arbitration: Contracting Out Of Government's Role In Punishment And Federal Preemption Of State Law, Stephen J. Ware
Punitive Damages In Arbitration: Contracting Out Of Government's Role In Punishment And Federal Preemption Of State Law, Stephen J. Ware
Fordham Law Review
No abstract provided.
Arbitration - The Third Circuit Re-Examines Its Traditional Approach To Adjudication Of Erisa Claims, Sarah E. Bouchard
Arbitration - The Third Circuit Re-Examines Its Traditional Approach To Adjudication Of Erisa Claims, Sarah E. Bouchard
Villanova Law Review
No abstract provided.
International Arbitration Under The Uncitral Arbitration Rules: A Contractual Provision For Improvement, John D. Franchini
International Arbitration Under The Uncitral Arbitration Rules: A Contractual Provision For Improvement, John D. Franchini
Fordham Law Review
No abstract provided.
The International Commercial Arbitration Explosion: More Rules, More Laws, More Books, So What?, James H. Carter
The International Commercial Arbitration Explosion: More Rules, More Laws, More Books, So What?, James H. Carter
Michigan Journal of International Law
Review of The UNCITRAL Framework for Arbitration in Contemporary Perspective by Isaak I. Dore