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2011

Dispute Resolution and Arbitration

Arbitration

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Articles 1 - 30 of 147

Full-Text Articles in Law

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

Law Faculty Research Publications

No abstract provided.


Religious Arbitration And The New Multiculturalism: Negotiating Conflicting Legal Orders, Michael A. Helfand Nov 2011

Religious Arbitration And The New Multiculturalism: Negotiating Conflicting Legal Orders, Michael A. Helfand

Michael A Helfand

This Article considers a trend towards what I have termed the "new multiculturalism," where conflicts between law and religion are less about recognition and symbolism and more about conflicting legal orders. Nothing typifies this trend more than the increased visibility of religious arbitration, whereby religious groups use current arbitration doctrine to have their disputes adjudicated not in U.S. courts and under U.S. law, but before religious courts and under religious law. This dynamic has pushed the following question to the forefront of the multicultural agenda: under what circumstances should U.S. courts enforce arbitration awards issued by religious courts in accordance …


Fighting For The Debtor's Soul: Regulating Religious Commercial Conduct, Michael A. Helfand Oct 2011

Fighting For The Debtor's Soul: Regulating Religious Commercial Conduct, Michael A. Helfand

Michael A Helfand

Although courts often think of religion in terms of faith, prayer, and conscience, many religious groups are increasingly looking to religion as a source of law, commerce, and contract. As a result, courts are being called upon to regulate conduct that is simultaneously religious and commercial. In addressing such cases, some courts minimize the religious features of the case and simply focus on its secular elements while others over-exaggerate the religious features of the case and thereby refuse to adjudicate the dispute on Establishment Clause grounds. As an example of this dynamic, I explore the constitutionality of imposing sanctions for …


Through The Looking Glass: Understanding Social Science Norms For Analyzing International Investment Law, Susan Franck, Calvin Garbin, Jenna Perkins Oct 2011

Through The Looking Glass: Understanding Social Science Norms For Analyzing International Investment Law, Susan Franck, Calvin Garbin, Jenna Perkins

Articles in Law Reviews & Other Academic Journals

When social science methods are being employed in a new context — such as the assessment of international investment law — there is value in exploring the underlying assumptions and normative baselines of the enterprise. This article and response address critiques about the methodology of an article in the Harvard International Law Journal by: (1) describing the value of social science in international investment law; (2) replicating the research using new methodologies to conduct more than 20 new tests that were still unable to ascertain the existence of a reliable relationship between development status and outcomes on the basis of …


Opening The Mediation Window In The Arbitration House, Nadja Alexander Oct 2011

Opening The Mediation Window In The Arbitration House, Nadja Alexander

Research Collection Yong Pung How School Of Law

Throughout the 20th century the arbitration house has dominated the landscape of international commercial dispute resolution withthe court house providing another part of the structural landscape. In the 21st century foundations are being laid for construction of a free-standing mediation house in international dispute resolution practice. Meanwhile a closer inspection of arbitration house reveals the ongoing construction of mediation and other ADR windows in its design. In this paper I explore how and why mediation windows are being built, their structural and functional soundness and the extent to which they may open up and transform arbitration.


International Arbitration And The Republic Of Colombia: Commercial, Comparative And Constitutional Concerns From A U.S. Perspective, S. I. Strong Oct 2011

International Arbitration And The Republic Of Colombia: Commercial, Comparative And Constitutional Concerns From A U.S. Perspective, S. I. Strong

Faculty Publications

This article undertakes the first comparative analysis of Colombian arbitration law in English, setting Colombian statutory and case law side by side with international and U.S. law to provide U.S. parties with the information they need to (1) evaluate the risks and benefits associated with entering into an arbitration agreement with a Colombian party and (2) establish the kinds of procedures needed to provide optimal protection of the arbitral process and any resulting award. Not only does this research discuss important comparative and commercial matters, it also considers how a unique type of constitutional challenge - the acción de tutela …


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

Arbitration Ambush In A Policy Polemic, Amy J. Schmitz

Faculty Publications

Arbitration has been demonized in the media and consumer protection debates, often without empirical support or consideration of its attributes. This has led to renewed efforts to pass the Arbitration Fairness Action, which would bar enforcement of pre-dispute arbitration clauses in consumer, employment, and civil rights contexts. It also inspired Dodd-Frank’s preclusion of arbitration clauses in mortgage contracts, along with the Consumer Financial Protection Bureau’s charge to prohibit or limit enforcement of pre-dispute arbitration agreements in consumer financial products and services contracts. Some of this negativity toward arbitration is warranted, especially in the wake of the United Supreme Court’s recent …


Rectitude In International Arbitration, William W. Park Sep 2011

Rectitude In International Arbitration, William W. Park

Faculty Scholarship

Few criteria for evaluating arbitrator independence and impartiality will stay foolproof for long, given how ingenious fools often prove themselves to be. No less than in other areas of the law, elaboration of ethical standards for arbitrators implicates a tension between the transient and the permanent. Conflict-of-interest principles remain most useful if implemented with sensitivity to new trouble spots. Traditional ethical models serve as starting points for evaluating the fitness of those to whom business managers and nations entrust their treasure and their welfare. The constant evolution in expectations by users of the arbitral system call for regular adjustment in …


Factors To Consider Before Arbitrating In The Arab Middle East:, Radwa S. Elsaman Ms. Aug 2011

Factors To Consider Before Arbitrating In The Arab Middle East:, Radwa S. Elsaman Ms.

Radwa S Elsaman

This article discusses two significant factors affecting arbitration in the Arab Middle East: the effect of religion on arbitration and the effect of legislative constraints on arbitration. By presenting foreign investors and practitioners with an overview of some of the unique social, legal and religious issues distinctive to arbitration in the Arab Middle East, this article will provide foreign investors and practitioners with examples of factors to consider that can affect arbitration decisions in the Middle East.


The Icsid Effect? Considering Potential Variations In Arbitration Awards, Susan D. Franck Jul 2011

The Icsid Effect? Considering Potential Variations In Arbitration Awards, Susan D. Franck

Scholarly Articles

The legitimacy of the World Bank's dispute resolution body - The International Centre for the Settlement of Investment Disputes (ICSID) - is a matter of heated debate. Some states have alleged that ICSID is biased, withdrawn from the ICSID Convention, and advocated creating alternative arbitration systems. Using pre-2007 archival data of the population of then- known arbitration awards, this Article quantitatively assesses whether ICSID arbitration awards were substantially different from arbitration awards rendered in other forums. The Article examines variation in the amounts claimed and outcomes reached to evaluate indicators of bias. The results indicated that there was no reliable …


Contract And Procedure, Peter B. Rutledge, Christopher R, Drahozal Jul 2011

Contract And Procedure, Peter B. Rutledge, Christopher R, Drahozal

Scholarly Works

This paper examines both the theoretical underpinnings and empirical picture of procedural contracts. Procedural contracts may be understood as contracts in which parties regulate not merely their commercial relations but also the procedures by which disputes over those relations will be resolved. Those procedural contracts regulate not simply the forum in which disputes will be resolved (arbitration vs litigation) but also the applicable procedural framework (discovery, class action waivers, remedies limitations, etc.). At a theoretical level, this paper explores both the limits on parties' ability to regulate procedure by contract (at issue in the Supreme Court's recent Rent-A-Center decision) and …


Are We Paper Tigers - The Limited Procedural Power Of Arbitrators Under Chinese Law, Chi Manjiao Jul 2011

Are We Paper Tigers - The Limited Procedural Power Of Arbitrators Under Chinese Law, Chi Manjiao

Journal of Dispute Resolution

This article explores the extent arbitrators exercise procedural power under Chinese law in six parts. Part II briefly provides background information for the legal framework of Chinese arbitration law and the "dual-track system" in the Chinese arbitration regime. The ensuing parts deal with the three major aspects of arbitrators' procedural power respectively: Part III discusses the power of making jurisdictional decisions, Part IV analyzes the power of making applicable law decisions, and Part V explores the power of issuing interim measures. Part VI concludes that in all three aspects, the procedural power of arbitrators under Chinese law is heavily restricted …


Ethical Problems In Class Arbitration, Andrew Powell, Richard A. Bales Jul 2011

Ethical Problems In Class Arbitration, Andrew Powell, Richard A. Bales

Journal of Dispute Resolution

This article examines two significant conflicts of interest that arise in class arbitration in six parts. Part II provides background on the recent evolution of class arbitration, explaining how the Supreme Court had decided several cases involving class arbitration but has not explicitly ruled that class actions are either permitted or forbidden. Part III discusses the conflicts of interest that could arise at the beginning of class arbitration. Part IV discusses conflicts of interest that arise at the end of class arbitration. Part V of this article argues that if and when Congress amends the Federal Arbitration Act to statutorily …


State Legislative Update , Benjamin Angulo, Daniel J. Romine, Matthew Schacht Jul 2011

State Legislative Update , Benjamin Angulo, Daniel J. Romine, Matthew Schacht

Journal of Dispute Resolution

This analysis will examine the sample of bills in four parts. Because some of the proposed state bills are silent on whether their respective bills are reserved for non-commercial matters, Part II examines whether the bills apply to businesses that are parties to business-to-business international commercial contracts. Part III assesses the bills' definition of foreign law to better understand the scope of the anti-foreign law bans. Because each anti-foreign law bill initially defines foreign law as one that is created outside the U.S., Part III analyzes whether the bills' foreign law definitions include international organizations and tribunals. It is important …


1991 Arbitration Hearings Chart, Edmund P. Edmonds Jun 2011

1991 Arbitration Hearings Chart, Edmund P. Edmonds

Annual Hearings Charts

No abstract provided.


1993 Arbitration Hearings Chart, Edmund P. Edmonds Jun 2011

1993 Arbitration Hearings Chart, Edmund P. Edmonds

Annual Hearings Charts

No abstract provided.


1992 Arbitration Hearings Chart, Edmund P. Edmonds Jun 2011

1992 Arbitration Hearings Chart, Edmund P. Edmonds

Annual Hearings Charts

No abstract provided.


Valtin, Rolf Arbitration Chart, Edmund P. Edmonds Jun 2011

Valtin, Rolf Arbitration Chart, Edmund P. Edmonds

Arbitrator Charts

No abstract provided.


1996 Arbitration Hearings Chart, Edmund P. Edmonds Jun 2011

1996 Arbitration Hearings Chart, Edmund P. Edmonds

Annual Hearings Charts

No abstract provided.


1994 Arbitration Hearings Chart, Edmund P. Edmonds Jun 2011

1994 Arbitration Hearings Chart, Edmund P. Edmonds

Annual Hearings Charts

No abstract provided.


1995 Arbitration Hearings Chart, Edmund P. Edmonds Jun 2011

1995 Arbitration Hearings Chart, Edmund P. Edmonds

Annual Hearings Charts

No abstract provided.


1998 Arbitration Hearings Chart, Edmund P. Edmonds Jun 2011

1998 Arbitration Hearings Chart, Edmund P. Edmonds

Annual Hearings Charts

No abstract provided.


1999 Arbitration Hearings Chart, Edmund P. Edmonds Jun 2011

1999 Arbitration Hearings Chart, Edmund P. Edmonds

Annual Hearings Charts

No abstract provided.


1997 Arbitration Hearings Chart, Edmund P. Edmonds Jun 2011

1997 Arbitration Hearings Chart, Edmund P. Edmonds

Annual Hearings Charts

No abstract provided.


Block, Howard Arbitration Chart, Edmund P. Edmonds Jun 2011

Block, Howard Arbitration Chart, Edmund P. Edmonds

Arbitrator Charts

No abstract provided.


Goldberg, Stephen Arbitration Chart, Edmund P. Edmonds Jun 2011

Goldberg, Stephen Arbitration Chart, Edmund P. Edmonds

Arbitrator Charts

No abstract provided.


High, Theodore Arbitration Chart, Edmund P. Edmonds Jun 2011

High, Theodore Arbitration Chart, Edmund P. Edmonds

Arbitrator Charts

No abstract provided.


Symonette, Alan Arbitration Chart, Edmund P. Edmonds Jun 2011

Symonette, Alan Arbitration Chart, Edmund P. Edmonds

Arbitrator Charts

No abstract provided.


Simons, Jesse Arbitration Chart, Edmund P. Edmonds Jun 2011

Simons, Jesse Arbitration Chart, Edmund P. Edmonds

Arbitrator Charts

No abstract provided.


Wittenberg, Carol Arbitration Chart, Edmund P. Edmonds Jun 2011

Wittenberg, Carol Arbitration Chart, Edmund P. Edmonds

Arbitrator Charts

No abstract provided.