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Articles 1 - 30 of 37
Full-Text Articles in Law
Icsid’S Reinforcement?: Unasur And The Rise Of A Hybrid Regime For International Investment Arbitration, Kendall Grant
Icsid’S Reinforcement?: Unasur And The Rise Of A Hybrid Regime For International Investment Arbitration, Kendall Grant
Osgoode Hall Law Journal
The legitimacy and effectiveness of the International Centre for Settlement of Investment Disputes (“ICSID”) is a matter of spirited debate. Opponents argue that ICSID’s ideological and procedural bias impedes fairness, its complexity and cost restrict access to justice, and its lack of an appeal process exacerbates uncertainty and unpredictability. Dissatisfaction with and ideological critique of ICSID, especially on the part of Latin American states, culminated in 2009 when Ecuador proposed the creation of a regional arbitration centre as part of the Union of South American Nations (“UNASUR”). This article surveys the myriad criticisms launched against ICSID and assesses the likelihood …
Medical Malpractice Arbitration: Not Business As Usual, David Larson, David Dahl
Medical Malpractice Arbitration: Not Business As Usual, David Larson, David Dahl
Faculty Scholarship
There is an interesting exception to businesses’, employers’, and service providers’ seemingly universal embrace of arbitration processes, particularly mandatory pre-dispute arbitration. Although it may be difficult to believe given arbitration’s current popularity, not everyone requires his or her clients to sign mandatory pre-dispute arbitration agreements. In fact, some service providers prefer to avoid arbitration regardless of whether it is arranged pre- or post-dispute. So which merchants or service providers are choosing to forgo arbitration and, more importantly, why do they dislike arbitration? And do politics have anything to with their choices? Physicians are not, shall we say, the world’s greatest …
Expanded Judicial Review Of Awards After Hall Street And In Comparative Perspective, John J. Barceló Iii
Expanded Judicial Review Of Awards After Hall Street And In Comparative Perspective, John J. Barceló Iii
John J. Barceló III
The essay addresses whether party preference for more intrusive court review of the facts and law of an aribitral award will (or should) be respected in national arbitration law. The recent U.S. Supreme Court decision in Hall Street rules that expanded review clauses are not enforceable under the Federal Arbitration Act. The essay argues, however, that expanded review of an international arbitral award should still be possible in the U.S. if the parties draft the arbitration clause carefully. For that purpose the parties should include an expanded review clause and should place the arbitral seat in a State that allows …
An Exploration Of “Non-Economic” Damages In Civil Jury Awards, Herbert M. Kritzer, Guangya Liu, Neil Vidmar
An Exploration Of “Non-Economic” Damages In Civil Jury Awards, Herbert M. Kritzer, Guangya Liu, Neil Vidmar
Faculty Scholarship
Using three primary data sources plus three supplemental sources discussed in an appendix, this paper examines how well non-economic damages could be predicted by economic damages and at how the ratio of non-economic damages to economic damages changed as the magnitude of the economic damages awarded by juries increased. We found a mixture of consistent and inconsistent patterns across our various datasets. One fairly consistent pattern was the tendency for the ratio of non-economic to economic damages to decline as the amount of economic damages increased. Moreover, the variability of the ratio also tended to decline as the amount of …
Development Of A Commercial Arbitration Hub In The Middle East: Case Study -- The State Of Qatar, Aida Maita
Development Of A Commercial Arbitration Hub In The Middle East: Case Study -- The State Of Qatar, Aida Maita
Theses and Dissertations
International Commercial Arbitration is quickly becoming the method of choice for dispute resolution by States and corporations around the globe. This Dissertation analyzes and discusses the development of arbitration in the Middle East with the major focus on the State of Qatar (hereafter, also “Qatar”) as a case study. It will study the rise and development of International Commercial Arbitration as it is conducted in Qatar in relation to other regional jurisdictions such as Bahrain, Dubai in the United Arab Emirates (UAE), and Egypt. These States have been emerging as regional powers in attracting International Commercial Arbitration in the Middle …
The Private Enforcement Of Public Laws In Armendariz V. Foundation Health Psychcare Services, Jennifer Lafond
The Private Enforcement Of Public Laws In Armendariz V. Foundation Health Psychcare Services, Jennifer Lafond
Pepperdine Law Review
No abstract provided.
Brief Of Professors Of Law As Amici Curiae In Support Of Appellants, Neil Vidmar, David Zevan
Brief Of Professors Of Law As Amici Curiae In Support Of Appellants, Neil Vidmar, David Zevan
Faculty Scholarship
No abstract provided.
The Frequency, Predictability, And Proportionality Of Jury Awards Of Punitive Damages In State Courts In 2005: A New Audit, Neil Vidmar, Mirya Holman
The Frequency, Predictability, And Proportionality Of Jury Awards Of Punitive Damages In State Courts In 2005: A New Audit, Neil Vidmar, Mirya Holman
Faculty Scholarship
The state of punitive damages in the United States has been a controversial topic for more than three decades, resulting in litigation reaching the U.S. Supreme Court and state supreme courts. Various business advocacy groups have sought to drastically curb or eliminate punitive damages while plaintiffs’ lawyers and consumer groups vigorously defend the use of punitive damages. State legislatures have responded with many substantive and procedural reforms over the years. Yet, in Exxon Shipping Co. v. Baker, the United States Supreme Court, while approvingly citing empirical evidence indicating that there are “not mass-produced runaway awards” and that “by most accounts …
On Writ Of Certiorari To The United States Court Of Appeals For The Second Circuit, Stolt-Neilsen S.A., V. Animalfeed International, No. 08-1198 (U.S. Oct. 20, 2009), Cornelia T. Pillard
On Writ Of Certiorari To The United States Court Of Appeals For The Second Circuit, Stolt-Neilsen S.A., V. Animalfeed International, No. 08-1198 (U.S. Oct. 20, 2009), Cornelia T. Pillard
U.S. Supreme Court Briefs
No abstract provided.
A Question Of Sovereignty, Development, And Natural Resources: A New Standard For Binding Third Party Nonsignatory Governments To Arbitration, Jacob Stoehr
Washington and Lee Law Review
No abstract provided.
Expanded Judicial Review Of Awards After Hall Street And In Comparative Perspective, John J. Barceló Iii
Expanded Judicial Review Of Awards After Hall Street And In Comparative Perspective, John J. Barceló Iii
Cornell Law Faculty Working Papers
The essay addresses whether party preference for more intrusive court review of the facts and law of an aribitral award will (or should) be respected in national arbitration law. The recent U.S. Supreme Court decision in Hall Street rules that expanded review clauses are not enforceable under the Federal Arbitration Act. The essay argues, however, that expanded review of an international arbitral award should still be possible in the U.S. if the parties draft the arbitration clause carefully. For that purpose the parties should include an expanded review clause and should place the arbitral seat in a State that allows …
The Necessity Of An "Opt-In" Approach To Class Arbitration, Kirk D. Knutson
The Necessity Of An "Opt-In" Approach To Class Arbitration, Kirk D. Knutson
Journal of Law and Practice
No abstract provided.
Brief Of Respondents In Opposition, In Re Green Tree Financial Corp., No. 03-1243 (U.S. Apr. 22, 2004), Cornelia T. Pillard
Brief Of Respondents In Opposition, In Re Green Tree Financial Corp., No. 03-1243 (U.S. Apr. 22, 2004), Cornelia T. Pillard
U.S. Supreme Court Briefs
No abstract provided.
Brief For Respondents, Green Tree Financial Corp. V. Bazzle, No. 02-634 (U.S. Mar. 27, 2003), ., Cornelia T. Pillard
Brief For Respondents, Green Tree Financial Corp. V. Bazzle, No. 02-634 (U.S. Mar. 27, 2003), ., Cornelia T. Pillard
U.S. Supreme Court Briefs
No abstract provided.
Panacea Or Pandora's Box?: The Costs Of Options In Negotiation, Chris Guthrie
Panacea Or Pandora's Box?: The Costs Of Options In Negotiation, Chris Guthrie
Vanderbilt Law School Faculty Publications
The prescriptive literature on negotiation advises negotiators to generate, evaluate, and select from multiple options at the bargaining table. At first glance, this "option-generation prescription" seems unassailable. After all, negotiators can include in their agreements only those options that they actually consider, so the more options they consider, the more likely it seems they will reach an agreement that maximizes their preferences. Upon closer inspection, however, the option-generation prescription begins to appear vulnerable, for it rests on a questionable premise about negotiator behavior. The option-generation prescription assumes that negotiators will make rational decisions when selecting from multiple options; regardless of …
Self-Deregulation, The “National Policy” Of The Supreme Court, Paul D. Carrington
Self-Deregulation, The “National Policy” Of The Supreme Court, Paul D. Carrington
Faculty Scholarship
No abstract provided.
Virtual Arbitration, Paul D. Carrington
World Wrestling Federation Entertainment, Inc. V. Michael Bosman: A Legal Body Slam For Cybersquatters On The Web, M. Scott Donahey, Ryan S. Hilbert
World Wrestling Federation Entertainment, Inc. V. Michael Bosman: A Legal Body Slam For Cybersquatters On The Web, M. Scott Donahey, Ryan S. Hilbert
Santa Clara High Technology Law Journal
No abstract provided.
Why Arbitrate?: Ontario's Recent Experience With Commercial Arbitration, Randy A. Pepper
Why Arbitrate?: Ontario's Recent Experience With Commercial Arbitration, Randy A. Pepper
Osgoode Hall Law Journal
In 1988, Ontario adopted the International Commercial Arbitration Act and in January 1992 the Arbitration Act, 1991 came into force for domestic arbitrations. These statutes and similar legislation in other provinces pushed Canadian arbitration regimes into the forefront of industrial nations. However, there has not been a significant increase in the number of commercial arbitrations being conducted in Ontario. This article suggests that Ontario is ideally placed to become an important centre for domestic and international arbitration. The author asserts that if commercial parties and their counsel were more familiar with the benefits of the arbitral process and with the …
Faa And Arbitration Clauses - How Far Can It Reach? The Effect Of Allied-Bruce Terminix, Inc. V. Dobson, Edmond Seferi
Faa And Arbitration Clauses - How Far Can It Reach? The Effect Of Allied-Bruce Terminix, Inc. V. Dobson, Edmond Seferi
Campbell Law Review
This note discusses Allied-Bruce Terminix, Inc. v. Dobson, which solidified the Supreme Court's rationale in favor of arbitration. The Court specifically held that the FAA governs all arbitration provisions in contracts "affecting commerce and that the phrase "affecting commerce signals a Congressional intent to exercise its Commerce Clause powers in full. This note will first provide a short background of the interpretation of the FAA in connection with the enforceability of the arbitration clauses, and then discuss Allied-Bruce and its potential effect on the future of arbitration clauses.
Contract And Jurisdiction, Paul D. Carrington, Paul H. Haagen
Contract And Jurisdiction, Paul D. Carrington, Paul H. Haagen
Faculty Scholarship
No abstract provided.
An Assessment Of Factors That Affect The Employment Of Alternative Dispute Resolution Techniques To Resolve Contract Disputes, Jeffrey T. Journey, Bradley T. Riddle
An Assessment Of Factors That Affect The Employment Of Alternative Dispute Resolution Techniques To Resolve Contract Disputes, Jeffrey T. Journey, Bradley T. Riddle
Theses and Dissertations
This study investigated the factors which potentially influence contracting and legal professionals’ decisions to employ Alternative Dispute Resolution ADR techniques to resolve contract disputes. A literature review revealed that unawareness, excessive oversight, lack of management support, over-regulation, and interdisciplinary conflict on acquisition teams are or have been the most prominent factors discouraging the use of ADR. An additional background investigation determined that the United States Army, the Army Corps of Engineers, and the Navy had extensive experience and expertise regarding ADR use. Therefore, surveys over 250 were administered to various contracting and legal offices throughout these agencies, of which 57 …
An Up-To-Date Review Of Judicial, Legislative, And Regulatory Developments In Arbitration With Financial Institutions, Mahlon M. Frankhauser, Linda M. Gardner
An Up-To-Date Review Of Judicial, Legislative, And Regulatory Developments In Arbitration With Financial Institutions, Mahlon M. Frankhauser, Linda M. Gardner
Washington and Lee Law Review
No abstract provided.
The Enforceability Of Predispute Arbitration Agreements Under 10(B) And 10b-5 Claims
The Enforceability Of Predispute Arbitration Agreements Under 10(B) And 10b-5 Claims
Washington and Lee Law Review
No abstract provided.
The Severability Of Arbitrable And Nonarbitrable Securities Claims
The Severability Of Arbitrable And Nonarbitrable Securities Claims
Washington and Lee Law Review
No abstract provided.
Avoiding The Protections Of The Federal Securities Laws: The Anti-Waiver Provisions, Samuel H. Gruenbaum
Avoiding The Protections Of The Federal Securities Laws: The Anti-Waiver Provisions, Samuel H. Gruenbaum
Santa Clara Law Review
No abstract provided.
Divorce-Custody Dispositions: The Child's Wishes In Perspective, Lawrence A. Moskowitz
Divorce-Custody Dispositions: The Child's Wishes In Perspective, Lawrence A. Moskowitz
Santa Clara Law Review
No abstract provided.
Alternatives To The Medical Malpractice Phenomenon: Damage Limitations, Malpractice Review Panels And Countersuits
Washington and Lee Law Review
No abstract provided.
Inter-American Commercial Arbitration Revisited, C. R. Norberg
Inter-American Commercial Arbitration Revisited, C. R. Norberg
University of Miami Inter-American Law Review
No abstract provided.
Inter-American Commercial Arbitration, C. R. Norberg
Inter-American Commercial Arbitration, C. R. Norberg
University of Miami Inter-American Law Review
No abstract provided.