Dispute Resolution and Arbitration Commons^™

Has London Outmaneuvered The Italian Torpedo, Thomas Panighetti

Arbitration Law Review (2009 - Present)

No abstract provided.

How Nice To See You Again: The Repetitive Use Of Arbitrators And The Risk Of Evident Partiality, Drew J. Hushka

Arbitration Law Review (2009 - Present)

No abstract provided.

Broad Powers, Silent Intentions: Compelling Class Action Arbitration Without Express Authorization, Daivy P.E. Dambreville

Arbitration Law Review (2009 - Present)

No abstract provided.

The Accidental Preemption Statute: The Federal Arbitration Act And Displacement Of Agency Regulation, Maureen A. Weston

Arbitration Law Review (2009 - Present)

The Yearbook on Arbitration and Mediation’s 2013 Symposium focused on the role of the courts and judicial review in arbitration and mediation. Considering this question, this Article examines the command of the Federal Arbitration Act (FAA) for courts to enforce private agreements to arbitrate and to confirm arbitral awards as judgments subject to limited grounds for vacatur, as the public judicial system is invoked to revere private arbitration agreements and awards—at times at the expense of significant public policy challenges and the displacement of agency regulatory procedures specifically designed to address public policy concerns. In a series of decisions, …

Judicial Review: What Judges Write When They Write About Mediation, Jennifer W. Reynolds

Arbitration Law Review (2009 - Present)

Judges are uniquely positioned to comment on the phenomenon of court-connected mediation. Judges design and implement court systems with mediation components; they refer or order litigants into mediation; and they often serve as mediators themselves, either as part of their judicial duties or after retiring from the bench. Yet, ironically, there are few formal judicial opinions commenting on the procedural, ethical, and substantive issues around court-connected mediation today. When researching mediation, therefore, legal scholars who limit themselves to traditional legal sources will not have much to work with.

This Article identifies a new source of “judicial review” of mediation: judge-written …

Error Correction And Dispute System Design In Investor-State Arbitration, Andrea Kupfer Schneider

Arbitration Law Review (2009 - Present)

The current crisis in investor-state arbitration under the International Centre for Settlement of Investment Disputes (ICSID) system is the subject of commentary by both practitioners and scholars in the field. This Article first reviews the current status of ICSID arbitration by specifically using the Argentinean cases as examples of the ongoing legitimacy concerns that many countries have about ICSID. This Article seeks to explain the current crisis using theories of judicial review to understand how the annulment committee process and decisions are contributing to this crisis. The judicial theory of error correction, when utilized to review the recent annulment committee …

Bifurcated Proceedings In Illinois: Survivor Actions To Arbitration But Wrongful Death Claims To Litigation, Joshua Bower

Arbitration Law Review (2009 - Present)

No abstract provided.

For The Good Of All Not Involved: The Case For A Public Protection Exception To The Enforcement Of Arbitral Awards, Michelle Polanto

Arbitration Law Review (2009 - Present)

No abstract provided.

Educational Collective Bargaining: The Effect Of Impasse Resolution Procedures On Public School Teachers, Jessica Nixon

Arbitration Law Review (2009 - Present)

No abstract provided.

Getting To Yes: Remembering Roger Fisher, Kevin R. Schock

Arbitration Law Review (2009 - Present)

No abstract provided.

When Bad Guys Are Wearing White Hats, Catherine A. Rogers

Faculty Scholarship

Allegations of ethical misconduct by lawyers have all but completely overshadowed the substantive claims in the Chevron case. While both sides have been accused of flagrant wrongdoing, the charges against plaintiffs’ counsel appear to have captured more headlines and garnered more attention. The primary reason why the focus seems lopsided is that plaintiffs’ counsel were presumed to be the ones wearing white hats in this epic drama. This essay postulates that this seeming irony is not simply an example of personal ethical lapse, but in part tied to larger reasons why ethical violations are an occupational hazard for plaintiffs’ counsel …

The Rise In Judicial Hostility To Arbitration: Revisiting Hall Street Associates, Thomas E. Carbonneau

Faculty Scholarship

When the United States Supreme Court granted certiorari in Hall Street Associates,LLC v. Mattel, Inc., commentators expected the Court to resolve the split among the federal circuits regarding the validity and enforceability of 'opt-in' agreements.Since the late 1990s, these agreements had become a means through which contracting parties could obtain enhanced judicial supervision of arbitral awards by providing for judicial review of the merits of arbitrator rulings. While commentators got a resolution to the split, they received a great deal more than they had been promised.

Stylistic opacity made the opinion in Hall Street somewhat inaccessible. In fact, as …

The Politics Of International Investment Arbitrators, Catherine A. Rogers

Faculty Scholarship

Arbitrators are the lightning rod for investment arbitration’s most contentious political debates. Investment arbitration was originally conceived as a means to depoliticize international investment law. The regime was designed to extricate investment disputes from national courts and gunboat diplomacy, entrusting them instead to a neutral law-bound process. According to its critics, however, investment arbitration is neither a neutral, nor a legitimate law-bound process. They lay most of the blame with international arbitrators. Critics contend that, instead of law and appropriate policy considerations, investment arbitrators’ decisions are often the product of extra-legal factors — from their own ideology, to the nature …

Mediating International Child Abduction Cases: The Hague Convention, Michele Merritt

Arbitration Law Review (2009 - Present)

No abstract provided.

Keynote Address, John D. Feerick

Arbitration Law Review (2009 - Present)

No abstract provided.

Introduction, Thomas Carbonneau

Arbitration Law Review (2009 - Present)

No abstract provided.

The Commercial Arbitration Act Of 2011: Australia's Attempt At Arbitration Eminence, Laura Mangotta

Arbitration Law Review (2009 - Present)

No abstract provided.

The 2012 International Chamber Of Commerce Rules Of Arbitration: Meeting The Needs Of The International Arbitration Community In The 21st Century, Meeran Ahn

Arbitration Law Review (2009 - Present)

No abstract provided.

A Decade And Some Change: A Look Into The New 2012 Icc Rules Of Arbitration, Linnea Ignatius

Arbitration Law Review (2009 - Present)

No abstract provided.

The Battle Over Class Action: Second Circuit Holds That Class Action Waiver For Antitrust Actions Unenforceable Under The Federal Arbitration Act, Dustin Morgan

Arbitration Law Review (2009 - Present)

No abstract provided.

An Arbitration Body For The International Seoul: Kcab's New Rules, Alexander Wiker

Arbitration Law Review (2009 - Present)

No abstract provided.

I Agreed To What?: Protecting Consumers From Unfair Practices In Binding Consumer Arbitration, Laura Mangotta

Arbitration Law Review (2009 - Present)

No abstract provided.

Dedication

Arbitration Law Review (2009 - Present)

No abstract provided.

Dean's Welcome, Phillip J. Mcconnaughay

Arbitration Law Review (2009 - Present)

No abstract provided.

The Uniform Collaborative Law Act: Statutory Framework And The Struggle For Approval By The American Bar Association, Andrew J. Meyer

Arbitration Law Review (2009 - Present)

No abstract provided.

The Fallout From At&T; Mobility V. Concepcion: Parameters Established By The Interpretation Of Lower Courts, Terry F. Moritz

Arbitration Law Review (2009 - Present)

No abstract provided.

The Misapplication And Misinterpretation Of Forum Non Conveniens, Mohita K. Anand

Arbitration Law Review (2009 - Present)

No abstract provided.

Secretaries Always Get A Bad Rep: Identifying The Controversy Surrounding Administrative Secretaries, Current Guidelines, And Recommendations, Courtney J. Restemayer

Arbitration Law Review (2009 - Present)

No abstract provided.

Trendsetters: Asia-Pacific Jurisdictions Lead The Way In Dispute Resolution, Donald P. Arnavas, Dr. Robert Gaitskell Q.C.

Arbitration Law Review (2009 - Present)

No abstract provided.

Unfair Prejudice In The United Kingdom: An Inalienable Right For Shareholders Comes To An End As Courts Resolve Split Between Exeter And Vocam, Paul Jorgensen

Arbitration Law Review (2009 - Present)

No abstract provided.