Dispute Resolution and Arbitration Commons^™

Special Education Arbitration: "Rightness" As A Matter Of Law And Fact?, Stephen S. Worthington

Arbitration Law Review (2009 - Present)

No abstract provided.

Risk Versus Reward: The Increasing Use Of Third Funders In International Arbitration And The Awarding Security For Costs, Kelsie Massini

Arbitration Law Review (2009 - Present)

No abstract provided.

The Role Of The Courts In The New Justice System, Tania Sourdin

Arbitration Law Review (2009 - Present)

No abstract provided.

What's Law Got To Do With It? Plea Bargaining Reform After Lafler And Frye, Cynthia Alkon

Arbitration Law Review (2009 - Present)

No abstract provided.

Investment Treaty Arbitration And Its Future -- If Any, Kaj Hobér

Arbitration Law Review (2009 - Present)

No abstract provided.

Toward A Transnational Law Of Trade Usages?, Fabien Gélinas

Arbitration Law Review (2009 - Present)

No abstract provided.

Lcia's New Rules: Modernization Through Adherence To Traditional Principles Of Arbitration, Shohin Hodizoda-Vance

Arbitration Law Review (2009 - Present)

No abstract provided.

"Start Spreading The News" . . . The Big Apple Gets A Taste Of Mandatory Mediation, Melissa A. Rodriguez

Arbitration Law Review (2009 - Present)

No abstract provided.

Mediation's Effects: Test, Don't Guess, James A. Wall, Kyle R. Holley

Arbitration Law Review (2009 - Present)

No abstract provided.

Re-Thinking The Federal Arbitration Act § 10: Vacating "Manifest Disregard", Brian Forgue

Arbitration Law Review (2009 - Present)

No abstract provided.

Arkansas Supreme Court Holds Invalid Arbitration Agreement For Lack Of Mutuality, Nathaniel Conti

Arbitration Law Review (2009 - Present)

No abstract provided.

The Idea Of Arbitration, Zachary Burley

Arbitration Law Review (2009 - Present)

No abstract provided.

Empty Rhetoric: The Failings Of The Lcia's Ethical Rules For Legal Counsel And Alternatives, Christina Bustos

Arbitration Law Review (2009 - Present)

No abstract provided.

A Window Into The Soul Of International Arbitration: Arbitrator Selection, Transparency And Stakeholder Interests, Catherine A. Rogers

Faculty Scholarship

New Zealand Law Foundation International Dispute Resolution Lecture 2013, delivered at Stone Lecture Theatre, University of Auckland Faculty of Law, 26 November 2013. This essay derives from that lecture, which considers the important issue of arbitrator selection, appointment and challenge standards and procedures, and introduces the Arbitrator Intelligence project - a proposed solution for informational asymmetries that can affect the fairness of arbitrator selection and appointment.

International Arbitration, Judicial Education, And Legal Elites, Catherine A. Rogers

Faculty Scholarship

One potentially devastating critique of investment arbitration is that it undermines or hampers development of national legal institutions. Investment arbitration was originally conceived of as a means of encouraging foreign investment and strengthening rule of law for investment protection. Critics often question whether it actually contributes to either of these goals. If investment arbitration could not deliver on intended goals related to improvements in local legal institutions, it would be disappointing. If, however, investment arbitration not only failed to deliver benefits to, but instead affirmatively undermined, local legal institutions, it would be devastating. While numerous critics have leveled this charge, …

The Concerted Protected Activity Loophole: How The Nlrb Is Undermining The Federal Policy Favoring Arbitration By Invalidating Class Action Waivers, Thomas E. Robins

Arbitration Law Review (2009 - Present)

No abstract provided.

Timor-Leste V. Australia: "Guerrilla Tactics" And Schoolyard Bullies In State Arbitration, Sarah Whittington

Arbitration Law Review (2009 - Present)

No abstract provided.

Could Commercial Arbitration Help Settle A Historic Conflict Between The Israelites And Palestinians?, Evan Goldsmith

Arbitration Law Review (2009 - Present)

No abstract provided.

International Commercial Arbitration In Central Asia, W. E. Butler

Arbitration Law Review (2009 - Present)

No abstract provided.

Ebay's De Facto Low Value High Volume Resolution Process: Lessons And Best Practices For Odr Systems Designers, Louis F. Del Duca, Colin Rule, Kathryn Rimpfel

Arbitration Law Review (2009 - Present)

No abstract provided.

Too Darn Bad: How The Supreme Court's Class Arbitration Jurisprudence Has Undermined Arbitration, Adam Raviv

Arbitration Law Review (2009 - Present)

No abstract provided.

Mediator Ethical Breaches: Implications For Public Policy, Sharon Press

Arbitration Law Review (2009 - Present)

No abstract provided.

Adr And The Extraction Of Coal Bed Methane From Split-Ownership Estates, Alyssa Looney

Arbitration Law Review (2009 - Present)

No abstract provided.

"Prepare For Trouble, And Make It Double": The Fourth Circuit Continues Downward Iteration Of Duplicitous Test For Manifest Disregard, Garrett Lent

Arbitration Law Review (2009 - Present)

No abstract provided.

The Implications Of Recent Icsid Arbitrator Disqualifications For Latin America, Nora Ciancio

Arbitration Law Review (2009 - Present)

No abstract provided.

Vacating Legally-Erroneous Arbitration Awards, Stephen J. Ware

Arbitration Law Review (2009 - Present)

In the United States, arbitrators’ decisions are legally binding. Courts generally confirm and enforce, rather than vacate, arbitration awards. Suppose, however, that the arbitration award is very different from the judgment a court would have rendered had the dispute been litigated, rather than arbitrated. And suppose this is because the arbitrator did not correctly apply the law. If the party that lost in arbitration (the party that would have done better with a correct application of law) asks a court to vacate the award because it is legally erroneous, will the court vacate or confirm the award? And does the …

Adhesive Arbitration: The Sustainable Grace For The Future Of The World's Most Profitable Sports Leagues, Evan Goldsmith

Arbitration Law Review (2009 - Present)

No abstract provided.

Arbitration Agreements: The Perfect Defense For Law School Deceit, Jeremy Alm

Arbitration Law Review (2009 - Present)

No abstract provided.

An Alternative Approach To Justice: The Past, Present, And Future Of The Mediation Program At The U.S. District Court For The Southern District Of New York, Rebecca Price

Arbitration Law Review (2009 - Present)

The practice of mediation has gone through enormous change in the last twenty-five years. No longer simply an "alternative," mediation has in some settings become commonplace. At the same time, many courts across the country struggle to maintain staffing and support for programs that offer alternatives for dispute resolution. While private mediation firms have seen an increase in cases, some academics and practitioners question whether mediation has been co-opted by a litigation model such that it no longer serves as a meaningful alternative.

The Mediation Program at the U.S. District Court for the Southern District of New York, which has …

Combating Structural Bias In Dispute System Designs That Use Arbitration: Transparency, The Universal Sanitizer, Lisa Blomgren Amsler

Arbitration Law Review (2009 - Present)

No abstract provided.