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Arbitration and award

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Full-Text Articles in Law

Icsid’S Reinforcement?: Unasur And The Rise Of A Hybrid Regime For International Investment Arbitration, Kendall Grant Jan 2016

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 Jan 2016

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 Dec 2014

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 Jan 2014

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 Aug 2013

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 May 2012

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 Jan 2012

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 Jan 2010

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 Oct 2009

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 Jun 2009

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 Jan 2009

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 Jan 2008

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 Apr 2004

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 Mar 2003

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 Jan 2003

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 Jan 2002

Self-Deregulation, The “National Policy” Of The Supreme Court, Paul D. Carrington

Faculty Scholarship

No abstract provided.


Virtual Arbitration, Paul D. Carrington Jan 2000

Virtual Arbitration, Paul D. Carrington

Faculty Scholarship

No abstract provided.


World Wrestling Federation Entertainment, Inc. V. Michael Bosman: A Legal Body Slam For Cybersquatters On The Web, M. Scott Donahey, Ryan S. Hilbert Jan 2000

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 Oct 1998

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 Jan 1997

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 Jan 1996

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 Sep 1994

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 Jun 1989

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 Jun 1986

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 Jun 1984

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 Jan 1980

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 Jan 1978

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 Sep 1977

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 Jun 1975

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 Feb 1969

Inter-American Commercial Arbitration, C. R. Norberg

University of Miami Inter-American Law Review

No abstract provided.