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2011

Dispute Resolution and Arbitration

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Articles 1 - 30 of 97

Full-Text Articles in Law

The Issues Of Access To Justice In The Case Of Dispute Resolution Within The Indigenous Community Of Tulehu, Central Maluku, Lidwina Inge Nurtjahyo Dec 2011

The Issues Of Access To Justice In The Case Of Dispute Resolution Within The Indigenous Community Of Tulehu, Central Maluku, Lidwina Inge Nurtjahyo

Indonesia Law Review

This study is aimed to analyze how customary law is practiced in strategizing dispute settlement among the villagers. In some cases, the parties who had the disputes brought their cases to the non states intermediaries to give the best remedies that fulfill their own senses of justice. As we know in the Access to Justice approaches, the disputes could be solved not only using both with state law and non-state law. These facts showed how people doing law community members in relation to dispute resolution mechanism based on customary law from the perspective of access to justice. By applying customary …


Arbitration And Antitrust: Navigating The Contours Of Mandatory Law, Charles H. Brower Ii Dec 2011

Arbitration And Antitrust: Navigating The Contours Of Mandatory Law, Charles H. Brower Ii

Buffalo Law Review

No abstract provided.


How To Play Your Hand: Lessons For Negotiators From Poker, John Valery White, Joseph Asher, Russell Korobkin, Jack Binion, Howard Lederer, Annie Duke Oct 2011

How To Play Your Hand: Lessons For Negotiators From Poker, John Valery White, Joseph Asher, Russell Korobkin, Jack Binion, Howard Lederer, Annie Duke

UNLV Gaming Law Journal

A panel discussion on the topic of conflict resolution and negotiation strategies among internationally acclaimed poker players Annie Duke and her brother, Howard Lederer, UCLA professor Russell Korobkin, and leading Las Vegas gaming executive Jack Binion. The following transcript reflects the speakers' discussion.


Rescuing The International Arbitral Model: Identifying The Problem In Natural Resources Trade And Development, Jacob R. Shaffer Sep 2011

Rescuing The International Arbitral Model: Identifying The Problem In Natural Resources Trade And Development, Jacob R. Shaffer

West Virginia Law Review

No abstract provided.


A Cautionary Tale On Arbitral Authority: Judges, Arbitrators And The Stolt-Nielsen Decision, William W. Park Jul 2011

A Cautionary Tale On Arbitral Authority: Judges, Arbitrators And The Stolt-Nielsen Decision, William W. Park

Arbitration Law Review

No abstract provided.


Jams Provides Navigation Through The Obstacle Course Of Discovery, Scott C. Denlinger Jul 2011

Jams Provides Navigation Through The Obstacle Course Of Discovery, Scott C. Denlinger

Arbitration Law Review

No abstract provided.


The Appearance Of Impropriety: The Importance Of Arbitrator Impartiality And Disclosure In Arbitration Proceedings, Yelena Rivtis Jul 2011

The Appearance Of Impropriety: The Importance Of Arbitrator Impartiality And Disclosure In Arbitration Proceedings, Yelena Rivtis

Arbitration Law Review

No abstract provided.


Maryland Bill Provides Homeowners With Foreclosure Meidation Option, Jennifer Adams Jul 2011

Maryland Bill Provides Homeowners With Foreclosure Meidation Option, Jennifer Adams

Arbitration Law Review

No abstract provided.


International Commercial Arbitration And The Arbitrator's Contract, Jaclyn Reilly Jul 2011

International Commercial Arbitration And The Arbitrator's Contract, Jaclyn Reilly

Arbitration Law Review

No abstract provided.


Vacating An International Arbitration Award Rendered In The United States: Does The New York Convention, The Federal Arbitration Act Or State Law Apply?, Lea Haber Kuck, Amanda Raymond Kalantirsky Jul 2011

Vacating An International Arbitration Award Rendered In The United States: Does The New York Convention, The Federal Arbitration Act Or State Law Apply?, Lea Haber Kuck, Amanda Raymond Kalantirsky

Arbitration Law Review

No abstract provided.


Arbitration Ambush In A Policy Polemic, Amy J. Schmitz Jul 2011

Arbitration Ambush In A Policy Polemic, Amy J. Schmitz

Arbitration Law Review

No abstract provided.


Revelation And Reaction: The Struggle To Shape American Arbitration, Thomas J. Stipanowich Jul 2011

Revelation And Reaction: The Struggle To Shape American Arbitration, Thomas J. Stipanowich

Arbitration Law Review

No abstract provided.


The London Court Of International Arbitration Takes Root In India And Encourages Growth In Commercial Markets, Julia Rabich Jul 2011

The London Court Of International Arbitration Takes Root In India And Encourages Growth In Commercial Markets, Julia Rabich

Arbitration Law Review

No abstract provided.


Amidst 24/7 Media Climate, Siac Provides For Speedy Process And Emergency Relief, Nathan C. Volpi Jul 2011

Amidst 24/7 Media Climate, Siac Provides For Speedy Process And Emergency Relief, Nathan C. Volpi

Arbitration Law Review

No abstract provided.


Ninth Circuit Denies Insurer's Gamble On Vacatur In Nevada, Emma M. Kline Jul 2011

Ninth Circuit Denies Insurer's Gamble On Vacatur In Nevada, Emma M. Kline

Arbitration Law Review

No abstract provided.


Full Of Sound And Fury, Signifying Nothing: Second Circuit Chides Employer's Unfair Arbitration Terms, Tet Still Enforces Agreement, Michael C. Barbarula Jul 2011

Full Of Sound And Fury, Signifying Nothing: Second Circuit Chides Employer's Unfair Arbitration Terms, Tet Still Enforces Agreement, Michael C. Barbarula

Arbitration Law Review

No abstract provided.


Supreme Court Of Appeals Of West Virginia Takes Meritorious Claims Back Home To The Place They Belong, Emma Kline Jul 2011

Supreme Court Of Appeals Of West Virginia Takes Meritorious Claims Back Home To The Place They Belong, Emma Kline

Arbitration Law Review

No abstract provided.


Icann's Uniform Domain Name Dispute Resolution Policy As A Means Of Combating Copyright Infringement, Dwight A. Decker Jr. Jul 2011

Icann's Uniform Domain Name Dispute Resolution Policy As A Means Of Combating Copyright Infringement, Dwight A. Decker Jr.

Arbitration Law Review

No abstract provided.


Michigan Appellate Court Determines That An Eeoc "Right To Sue" Letter Is Not Necessary To Initiate Arbitration On Title Vii Claims, Nick Fox Jul 2011

Michigan Appellate Court Determines That An Eeoc "Right To Sue" Letter Is Not Necessary To Initiate Arbitration On Title Vii Claims, Nick Fox

Arbitration Law Review

No abstract provided.


Supreme Judicial Court Of Maine Holds That Evidence From A Small Claims Mediation Is Admissible In A Subsequent Criminal Trial, Jamie L. Augustinsky Jul 2011

Supreme Judicial Court Of Maine Holds That Evidence From A Small Claims Mediation Is Admissible In A Subsequent Criminal Trial, Jamie L. Augustinsky

Arbitration Law Review

No abstract provided.


The Court's Power To Grant Preliminary Injunctions In C Ases Where Arbitration Is Pending, Dwight A. Decker Jr. Jul 2011

The Court's Power To Grant Preliminary Injunctions In C Ases Where Arbitration Is Pending, Dwight A. Decker Jr.

Arbitration Law Review

No abstract provided.


A Tale Of Two Systems: Hong Kong Vs. The People's Republic Of China, Peter Klein Jul 2011

A Tale Of Two Systems: Hong Kong Vs. The People's Republic Of China, Peter Klein

Arbitration Law Review

No abstract provided.


Breaking The Cemnet: Venezuela's Move To Nationalize Cemex Leads To Dispute Over Arbitral Jurisdiction, Shari Manasseh Jul 2011

Breaking The Cemnet: Venezuela's Move To Nationalize Cemex Leads To Dispute Over Arbitral Jurisdiction, Shari Manasseh

Arbitration Law Review

No abstract provided.


Times Up!: The Harsh Reality Of The Power Of The Period Of Limitations On The Enforcement Of Awards, Linnea Ignatius Jul 2011

Times Up!: The Harsh Reality Of The Power Of The Period Of Limitations On The Enforcement Of Awards, Linnea Ignatius

Arbitration Law Review

No abstract provided.


The Go-Between: Jan Eliasson And The Styles Of Mediation, Garret Brouwer Jul 2011

The Go-Between: Jan Eliasson And The Styles Of Mediation, Garret Brouwer

Arbitration Law Review

No abstract provided.


The Future Of Investor-State Arbitration: Greater Transparency On The Horizon For Uncitral Rules, Kristin Miller Jul 2011

The Future Of Investor-State Arbitration: Greater Transparency On The Horizon For Uncitral Rules, Kristin Miller

Arbitration Law Review

No abstract provided.


The Increasing Need For Arbitration In Action Sports, Rachel Bires Jul 2011

The Increasing Need For Arbitration In Action Sports, Rachel Bires

Arbitration Law Review

No abstract provided.


In The Shadow Of Soft Law: The Handling Of Corporate Social Responsibility Disputes Under The Oecd Guidelines For Multinational Enterprises, Leyla Davarnejad Jul 2011

In The Shadow Of Soft Law: The Handling Of Corporate Social Responsibility Disputes Under The Oecd Guidelines For Multinational Enterprises, Leyla Davarnejad

Journal of Dispute Resolution

This socio-legal study undertakes a comprehensive analysis of the various practices NCPs apply to solve CSR disputes during specific instances. It does so in four parts, starting with an outline of the legal background of the CSR debate and movement in Part II. Part Ill examines the construction and content of the Guidelines. Also, Part III explores the soft law nature debate and how it shapes the NCPs' commitment and implementation of the Guidelines. In Part IV, the empirical findings of this study are presented to illuminate how the soft law nature of the Guidelines shapes the NCPs' commitment and …


Consent Is The Key To Compel: The Eighth Circuit Properly Denies A Motion To Compel A Non-Signatory To Arbitrate United States Court Of Appeals, Eighth Circuit: Bank Of America V. Umb Financial Services, Tom Swoboda Jul 2011

Consent Is The Key To Compel: The Eighth Circuit Properly Denies A Motion To Compel A Non-Signatory To Arbitrate United States Court Of Appeals, Eighth Circuit: Bank Of America V. Umb Financial Services, Tom Swoboda

Journal of Dispute Resolution

This Note addresses a recent Eighth Circuit decision concerning the issue of whether or not to compel arbitration between a non-signatory plaintiff and a defendant who desires to arbitrate the plaintiff's claims.' After examining a recent Supreme Court decision in which the Court articulated certain principles of state contract law that allow a court to compel arbitration by or against nonparties to a contract, this Note will explore precedent in Missouri that demonstrates a stringent process in order to compel non-signatories to arbitration. The various federal circuit court treatments of this commonly litigated issue and its underlying split on the …


Idaho Offers More Than Just Potatoes To Victorious Parties In Arbitration, Nathan C. Volpi Jul 2011

Idaho Offers More Than Just Potatoes To Victorious Parties In Arbitration, Nathan C. Volpi

Arbitration Law Review

No abstract provided.