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Arbitration

Selected Works

1997

Articles 1 - 2 of 2

Full-Text Articles in Law

Implementation Of The United Nations Convention On Contracts For The International Sale Of Goods (Cisg) Under Shari’A (Islamic Law): Will Article 78 Of The Cisg Be Enforced When The Forum Is An Islamic State?, Ty Twibell Dec 1996

Implementation Of The United Nations Convention On Contracts For The International Sale Of Goods (Cisg) Under Shari’A (Islamic Law): Will Article 78 Of The Cisg Be Enforced When The Forum Is An Islamic State?, Ty Twibell

Ty Twibell

This article addresses the potential implications of CISG implementation in Islamic forums. Article 78 provides the focal point for this analysis because it awards parties interest in damages whereas Islamic law, or al Shari'a, explicitly forbids interest. Although this article discusses Shari'a on a micro-level as it analyzes the particular issue of interest, Article 78, and the immediate reality of western lawyers more frequently coming into contact with Islamic forums, it also brings to the surface the macro-concern of alleviating misunderstandings between the Western and the Arab Worlds in the process. The study of Shari'a's impact on CISG implementation is …

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'Opt-In' For Judicial Review Of Errors Of Law Under The Revised Uniform Arbitration Act, Stephen Ware Dec 1996

'Opt-In' For Judicial Review Of Errors Of Law Under The Revised Uniform Arbitration Act, Stephen Ware

Stephen Ware

The Uniform Arbitration Act is one of the most successful uniform laws. It has been enacted in 35 states and 14 other jurisdictions have substantially similar statutes. Originally enacted in 1955, the Uniform Arbitration Act is now being revised for the first time. The current draft of the Revised Uniform Arbitration Act contains a number of changes from the original. While most of these changes are minor, one is of great conceptual significance. That is the provision, currently Section 19(b), allowing parties to 'opt-in' for judicial review of arbitrators' legal rulings.

A number of concerns have been expressed about this …

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