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Arbitration

2002

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Institution
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Articles 1 - 20 of 20

Full-Text Articles in Law

Book Review: Bennett Explains Arbitration Fundamentals, Without The Legalese, Amy J. Schmitz Oct 2002

Book Review: Bennett Explains Arbitration Fundamentals, Without The Legalese, Amy J. Schmitz

Faculty Publications

At the outset of the book, Steven Bennett expresses "fervent hope that this book will be of use to lawyers, law students and business people interested in learning the fundamentals of arbitration law." The book therefore focuses on fundamental, or basic, arbitration concepts and norms. It does not purport to provide in-depth discussion and analysis of arbitration law, but instead serves as a shelf reference or primer that promises to achieve Bennett's goal.

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Dr Ethics Book Brings It All Together, Jonathan R. Cohen Jul 2002

Dr Ethics Book Brings It All Together, Jonathan R. Cohen

UF Law Faculty Publications

Dispute resolution practice has changed dramatically over the past several decades. The traditional litigation model has increasingly given way to a “multi-door” vision of varied dispute resolution practices. With that functional change in how we process disputes has come a pressing need to address the varied ethical challenges of these varied practices. Dispute Resolution Ethics is a marvelous contribution toward that effort.

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Tilting The Justice System: From Adr As Idealistic Movement To A Segmented Market In Dispute Resolution, Bryant G. Garth Jun 2002

Tilting The Justice System: From Adr As Idealistic Movement To A Segmented Market In Dispute Resolution, Bryant G. Garth

Georgia State University Law Review

No abstract provided.

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Perils Of Temptation: Has The Eighth Circuit Given Employers An Incentive To Exploit Employees, The, Hadi S. Al-Shathir Jun 2002

Perils Of Temptation: Has The Eighth Circuit Given Employers An Incentive To Exploit Employees, The, Hadi S. Al-Shathir

Missouri Law Review

The use of arbitration agreements by employers as an alternative to litigation has inflamed the passions of many in the legal community for the past decade. While some champion the use of arbitration as a relatively inexpensive and efficient alternative to litigation, others view the use of arbitration agreements as a tool of corporate exploitation. This Note examines a recent a growing debate within the world of arbitration that is controversial and has important policy implications. Specifically, the debate centers around what a court should do with an illegal clause within a binding arbitration agreement: sever it from the agreement …

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The Problems Of Permitting Expanded Judicial Review Of Arbitration Awards Under The Federal Arbitration Act, Kevin A. Sullivan Apr 2002

The Problems Of Permitting Expanded Judicial Review Of Arbitration Awards Under The Federal Arbitration Act, Kevin A. Sullivan

Saint Louis University Law Journal

No abstract provided.

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On The Importance Of Institutions: Review Of Arbitral Awards For Legal Errors, Peter B. Rutledge Apr 2002

On The Importance Of Institutions: Review Of Arbitral Awards For Legal Errors, Peter B. Rutledge

Scholarly Works

In my view, legislatures, rather than courts or parties, should decide whether (and to what extent) courts should review arbitral awards for errors of law. The optimal legislative mechanism should not be compulsory but should offer parties the choice whether to "opt-in" to this regime of expanded review by inserting language to that effect in their arbitration agreement. A legislative solution with an "opt-in" feature has a sounder doctrinal foundation, better respects the distribution of power between various branches of government, involves a lower risk of error and minimizes transaction costs. From this position, two additional conclusions follow: first, courts …

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Should An Arbitration Provision Trump The Class Action? No: Permitting Companies To Skirt Class Actions Through Mandatory Arbitration Would Be Dangerous And Unwise, Jean R. Sternlight Jan 2002

Should An Arbitration Provision Trump The Class Action? No: Permitting Companies To Skirt Class Actions Through Mandatory Arbitration Would Be Dangerous And Unwise, Jean R. Sternlight

Scholarly Works

Companies are deliberately using mandatory arbitration to prevent consumers and employces from joining together in class actions. As Carroll Neesemann has explained, eliminating the class action is a "strong incentive" of those companies that impose the requirement of arbitration on consumers and employees. Mr. Neesemann defends this phenomenon, and his article offers companies and their attorneys some tips on how to effectively use arbitration to insulate themselves from the threat of class actions. By contrast, this essay argues that it is dangerous and unwise to permit companies to use mandatory arbitration to exempt themselves from class action suits.

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Harmonization Of Anti-Doping Code Through Arbitration: The Case Law Of The Court Of Arbitration For Sport, Frank Oschütz Jan 2002

Harmonization Of Anti-Doping Code Through Arbitration: The Case Law Of The Court Of Arbitration For Sport, Frank Oschütz

Marquette Sports Law Review

No abstract provided.

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The International Commercial Arbitration Model And Public International Law Disputes, Richard W. Hulbert Jan 2002

The International Commercial Arbitration Model And Public International Law Disputes, Richard W. Hulbert

ILSA Journal of International & Comparative Law

As someone who has been close to the ICC for more than fifteen years, my position on this afternoon's topic must seem preordained, except to those cynical enough to believe that familiarity breeds contempt rather than. more familiarity.

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Context And Institutional Structure In Attorney Regulation: Constructing An Enforcement Regime For International Arbitration, Catherine A. Rogers Jan 2002

Context And Institutional Structure In Attorney Regulation: Constructing An Enforcement Regime For International Arbitration, Catherine A. Rogers

Journal Articles

The question that looms large over the future of international arbitration is: How much should states yield to the international arbitration system? This Article attempts to answer the question as it applies to the specific context of regulating attorney conduct.

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Fit And Function In Legal Ethics: Developing A Code Of Conduct For International Arbitration, Catherine A. Rogers Jan 2002

Fit And Function In Legal Ethics: Developing A Code Of Conduct For International Arbitration, Catherine A. Rogers

Journal Articles

In this Article, I develop a methodology for prescribing the normative content of a code of ethics for international arbitration, and in a forthcoming companion article, I propose integrated mechanisms for making those norms both binding and enforceable. In making these proposals, I reject the classical conception of legal ethics as a purely deontological product derived from first principles. I argue, instead, that ethics derive from the interrelational functional role of advocates in an adjudicatory system, and that ethical regulation must correlate with the structural operations of the system. The fit between ethics and function, I will demonstrate, not only …

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The Ballad Of Transborder Arbitration, Thomas E. Carbonneau Jan 2002

The Ballad Of Transborder Arbitration, Thomas E. Carbonneau

Journal Articles

International commercial arbitration (ICA) is many things positive. Because business transactions cannot take place without a functional system of adjudication,ICA has enabled parties to engage in and pursue international commerce. As a result, it has had an enormous impact upon the international practice of law, the structuring of a de facto international legal system, and the development of a substantive world law of commerce. In a word, ICA has been a vital engine in the creation of a transborder rule of law. Furthering this design, the arbitral "method"has even been applied to the unruly political problems that attend international trade …

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Fit And Functional In Legal Ethics: Developing A Code Of Conduct For International Arbitration, Catherine A. Rogers Jan 2002

Fit And Functional In Legal Ethics: Developing A Code Of Conduct For International Arbitration, Catherine A. Rogers

Michigan Journal of International Law

In this Article, the author develops a methodology for prescribing the normative content of a code of ethics for international arbitration, and in a forthcoming companion article, integrated mechanisms for making those norms both binding and enforceable are proposed. In making these proposals, the author rejects the classical conception of legal ethics as a purely deontological product derived from first principles. This Article argues, instead, that ethics derive from the inter-relational functional role of advocates in an adjudicatory system, and that ethical regulation must correlate with the structural operations of the system. The fit between ethics and function, the author …

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Is The U.S. Out On A Limb? Comparing The U.S. Approach To Mandatory Consumer And Employment Arbitration To That Of The Rest Of The World, Jean R. Sternlight Jan 2002

Is The U.S. Out On A Limb? Comparing The U.S. Approach To Mandatory Consumer And Employment Arbitration To That Of The Rest Of The World, Jean R. Sternlight

Scholarly Works

After quickly summarizing the landscape of mandatory arbitration both within and without the United States, this article will consider why mandatory arbitration is treated so disparately, whether it is problematic that approaches to mandatory arbitration are so varied among countries, and what the differing jurisdictions can and should learn from one another. The article concludes that the United States Congress should be very concerned with the fact that we are treating mandatory arbitration more permissively than other countries. I, along with many others, have previously presented many arguments for why mandatory arbitration is problematic. Our outlier status on this issue …

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Knowledge, Legitimacy, Efficiency And The Institutionalization Of Dispute Settlement Procedures At The World Trade Organization And The World Intellectual Property Organization, Michael P. Ryan Jan 2002

Knowledge, Legitimacy, Efficiency And The Institutionalization Of Dispute Settlement Procedures At The World Trade Organization And The World Intellectual Property Organization, Michael P. Ryan

Northwestern Journal of International Law & Business

International legal research regarding international economic dispute settlement tends to be a-theoretical. A theoretically-grounded analytic framework is employed in this article which draws from scholarship from political science, sociology, and economics regarding institutions and international governmental organizations. The knowledge-legitimacy-efficiency analytic framework is applied in this article to studies of General Agreement on Tariffs and Trade (GA TT)/World Trade Organization (WTO) dispute settlement in order to relate this relevant scholarship to the economic field under primary study, Internet domain names. GA TT/WTO knowledge regarding international trade law has thickened through multi-lateral trade negotiations and dispute settlement decisions. The WTO's legitimacy is …

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Introduction: What Adr Means Today, Theodore J. St. Antoine Jan 2002

Introduction: What Adr Means Today, Theodore J. St. Antoine

Other Publications

The sort of cachet a Hollywood screenplay once ascribed to "plastics" seems today to have adhered to "ADR." ADR stands, of course, for alternative dispute resolution. It refers to various methods by which neutral third parties assist persons engaged in a conflict to settle their differences without invoking the decision-making power of the state. And for many people, ADR has become the byword for a much-needed panacea for an overly litigious society. This book is designed to get behind the mystique of ADR, to show how it really works, and to enhance the skills of anyone interested in exploiting its …

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Ending A Mud Bowl: Defining Arbitration’S Finality Through Functional Analysis, Amy J. Schmitz Jan 2002

Ending A Mud Bowl: Defining Arbitration’S Finality Through Functional Analysis, Amy J. Schmitz

Faculty Publications

The Federal Arbitration Act (FAA) and Uniform Arbitration Act (UAA), on the state level, prescribe a nearly identical procedural and remedial scheme for promoting independent, self-contained arbitration. To that end, both acts curtail courts' review of arbitration awards, by limiting the grounds for vacating awards to those aimed at ensuring only basic procedural fairness. Nonetheless, seemingly "pro-arbitration" impulses have driven some courts' eager application, or misapplication, of the FAA/UAA statutory scheme to enforce dispute resolution agreements that reject the acts' limited review prescriptions. This Article tackles this arguable abuse of the FAA/UAA scheme, by proposing a functional analysis for defining …

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Default Rules In Sales And The Myth Of Contracting Out, James J. White Jan 2002

Default Rules In Sales And The Myth Of Contracting Out, James J. White

Articles

In this article, I trace the dispute in the courts and before the ALI and NCCUSL over the proper contract formation and interpretation default rules. In Part II, I consider the Gateway litigation. In Part III, I deal with UCITA and the revision to Article 2. In Part IV, I consider the merits of the competing default rules.

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Alternative Dispute Resolution In Sport Management And The Sport Management Curriculum, Adam Epstein Dec 2001

Alternative Dispute Resolution In Sport Management And The Sport Management Curriculum, Adam Epstein

Adam Epstein

The article covers the basics of alternative dispute resolution (ADR). It then demonstrates how the instructor can utilize and incorporate ADR to effectively teach in sport management classes and sports law at the intercollegiate level.

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Domain-Name Arbitration In The Arbitration-Law Context: Consent To, And Fairness In, The Udrp, Stephen Ware Dec 2001

Domain-Name Arbitration In The Arbitration-Law Context: Consent To, And Fairness In, The Udrp, Stephen Ware

Stephen Ware

In this Article, Professor Ware surveys many of the arbitration systems that have been attacked for lacking consent or fairness. The Article begins by introducing the domain-name arbitration system and summarizing the charges that it lacks consent or fairness. This Article asserts, however, that research reveals no sustained critique that domain-name arbitration lacks consent. The Article next provides what may be the first sustained analysis of consent issues in domain-name arbitration. Professor Ware concludes the article by placing domain-name arbitration in the context of arbitration generally, and, within that context, assesses the fairness of domain-name arbitration.

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