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- Touro University Jacob D. Fuchsberg Law Center (5)
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- Scholarly Works (4)
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Articles 1 - 15 of 15
Full-Text Articles in Contracts
Equity In American And Jewish Law, Itzchak E. Kornfeld , Ph.D.
Equity In American And Jewish Law, Itzchak E. Kornfeld , Ph.D.
Touro Law Review
No abstract provided.
Venezuela Undermines Gold Miner Crystallex's Attempts To Recover On Its Icsid Award, Sam Wesson
Venezuela Undermines Gold Miner Crystallex's Attempts To Recover On Its Icsid Award, Sam Wesson
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
Manifest Disregard In International Commercial Arbitration: Whether Manifest Disregard Holds, However Good, Bad, Or Ugly, Chad R. Yates
Manifest Disregard In International Commercial Arbitration: Whether Manifest Disregard Holds, However Good, Bad, Or Ugly, Chad R. Yates
University of Massachusetts Law Review
Manifest disregard is a common law reason for not enforcing an arbitration award. This principle applies when the arbitrator knew and understood the law, but the arbitrator disregarded the applicable law. Presently, the United States Supreme Court has not made a definite decision on whether manifest disregard is still a valid reason for vacating the award (known as “vacatur”), and the Court is highly deferential to arbitrator decisions. Consequently, the lower courts are split on the issue. For international commercial arbitration awards, manifest disregard can only apply to a foreign award that is decided under United States law or in …
Jay-Z Has 99 Problems But A Sample Ain’T One, Rebecca Knight
Jay-Z Has 99 Problems But A Sample Ain’T One, Rebecca Knight
The University of Cincinnati Intellectual Property and Computer Law Journal
No abstract provided.
Obtaining International Judicial Assistance Under The Federal Rules And The Hague Convention On The Taking Of Evidence Abroad In Civil And Commercial Matters: An Exposition Of The Procedures And A Practical Example: In Re Westinghouse Uranium Contract Litigation, Robert J. Augustine
Georgia Journal of International & Comparative Law
No abstract provided.
Putting The Cisg Where It Belongs: In The Uniform Commercial Code, Kina Grbic
Putting The Cisg Where It Belongs: In The Uniform Commercial Code, Kina Grbic
Touro Law Review
No abstract provided.
Slides: Who Should Be At The Table, And What Should They Be Talking About?, Robert W. Adler
Slides: Who Should Be At The Table, And What Should They Be Talking About?, Robert W. Adler
Navigating the Future of the Colorado River (Martz Summer Conference, June 8-10)
Presenter: Robert W. Adler, James I. Farr Chair in Law, University of Utah, S.J. Quinney College of Law
9 slides
Fighting Piracy With Private Security Measures: When Contract Law Should Tell Parties To Walk The Plank, Jennifer S. Martin
Fighting Piracy With Private Security Measures: When Contract Law Should Tell Parties To Walk The Plank, Jennifer S. Martin
American University Law Review
This Article addresses the following question: when should contract law permit parties to discontinue performance under a private security contract aimed to combat piracy? Piracy has been 'on the rise' off Somalia and in East Asia, with serious attacks escalating. Some shipping companies have responded by drafting 'best management practices', hiring security companies to advise on countering the threat and hiring armed or unarmed security protection. After presenting representative factual situations involving pirate attacks, the Article describes the traditional approach to defining the obligations of parties and the performance issues that arise during contractual performance. This approach takes into account …
Ica And The Writing Requirement: Following Modern Trends Towards Liberalization Or Are We Stuck In 1958?, Jack Graves
Ica And The Writing Requirement: Following Modern Trends Towards Liberalization Or Are We Stuck In 1958?, Jack Graves
Scholarly Works
Article 7 of the Model Law was revised in 2006 to liberalize any requirements of form, consistent with modern commercial practices and modern legal trends reflected in national laws. To the extent adopted by national legislatures, either of the two available options under this revision will effectively eliminate any requirement of a “record of consent,” thus making arbitration agreements more easily enforceable in the adopting jurisdiction. However, any such revision of national laws on arbitration based on the revisions of Article 7 of the Model Law will not necessarily have any effect on enforcement of awards in other jurisdictions under …
"Arbitration As A Final Award: Challenges And Enforcement" Published As Chapter 10 In International Sales Law And Arbitration: Problems, Cases, And Commentary, Jack M. Graves, Joseph F. Morrissey
"Arbitration As A Final Award: Challenges And Enforcement" Published As Chapter 10 In International Sales Law And Arbitration: Problems, Cases, And Commentary, Jack M. Graves, Joseph F. Morrissey
Scholarly Works
No abstract provided.
Does International Arbitration Need A Mandatory Rules Method?, Alexander K.A. Greenawalt
Does International Arbitration Need A Mandatory Rules Method?, Alexander K.A. Greenawalt
Elisabeth Haub School of Law Faculty Publications
The role of mandatory rules in international arbitration remains a persistent source of debate. The basic problem is a straightforward one: contractual arbitration arises as a matter of the parties’ consent, but the resolution of contractual disputes can implicate mandatory rules of law that are not waivable and are typically designed to protect broader public rights. The literature has often presented the issue in terms of conflict between the authority of the state and the party-derived authority of the arbitrator. Asserting an independent public duty to protect national mandatory laws as well as the enforceability of arbitral awards, some writers …
Party Autonomy In Choice Of Commercial Law: The Failure Of Revised U.C.C. § 1-301 And A Proposal For Broader Reform, Jack M. Graves
Party Autonomy In Choice Of Commercial Law: The Failure Of Revised U.C.C. § 1-301 And A Proposal For Broader Reform, Jack M. Graves
Scholarly Works
No abstract provided.
Anticipatory Repudiation Of Letters Of Credit, Keith A. Rowley
Anticipatory Repudiation Of Letters Of Credit, Keith A. Rowley
Scholarly Works
Letters of credit play a vital role in financing international transactions, and are becoming increasingly popular domestically as substitutes for more traditional secured financing. As such, they deserve substantially more scholarly attention than they receive outside of specialized treatises and banking trade publications. Moreover, as unilateral promises by issuers of the letters of credit to pay money to their beneficiaries, the fact that Article 5 of the Uniform Commercial Code and pre-UCC common law recognize the right of a beneficiary to sue for anticipatory repudiation is at odds with the prevailing rule in this country that a promisee cannot sue …
Consequential Damages In Contracts For The International Sale Of Goods And The Legacy Of Hadley, Arthur Murphey
Consequential Damages In Contracts For The International Sale Of Goods And The Legacy Of Hadley, Arthur Murphey
Faculty Scholarship
No abstract provided.
A New Uniform Law For The International Sale Of Goods: Is It Compatible With American Interests?, Martin L. Ziontz
A New Uniform Law For The International Sale Of Goods: Is It Compatible With American Interests?, Martin L. Ziontz
Northwestern Journal of International Law & Business
The prospects for adoption of a law gov- erning commercial' contracts for the international sale of goods should be of compelling interest to American merchants and their legal advi- sors. The text which was presented to the diplomatic conference in March was completed by the United Nations Commission on Interna- tional Trade Law (UNCITRAL) in 1978.1 Its eighty-two articles em- body the substantive revisions of a similar document that was rejected by the United States sixteen years ago'--the 1964 Hague Convention Relating to a Uniform Law for the International Sale of Goods