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Dispute Resolution and Arbitration Commons

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Penn State Dickinson Law

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Articles 241 - 270 of 343

Full-Text Articles in Dispute Resolution and Arbitration

At&T Mobility V. Concepcion And The Antidiscrimination Theory Of Faa Preemption, Hiro N. Aragaki Jul 2012

At&T; Mobility V. Concepcion And The Antidiscrimination Theory Of Faa Preemption, Hiro N. Aragaki

Arbitration Law Review (2009 - Present)

No abstract provided.


United States Supports Iranian Arbitration Over Public Policy Against Transacting With Iran, Megan Hill Jul 2012

United States Supports Iranian Arbitration Over Public Policy Against Transacting With Iran, Megan Hill

Arbitration Law Review (2009 - Present)

No abstract provided.


Executive Board Jul 2012

Executive Board

Arbitration Law Review (2009 - Present)

No abstract provided.


Just A Matter Of Time: The Second Circuit Renders Ancillary State Laws Inapplicable By Authorizing Arbitrators To Decide Whether A Statute Of Limitations Caqn Bar Arbitration, Daivy P.E. Dambreville Jul 2012

Just A Matter Of Time: The Second Circuit Renders Ancillary State Laws Inapplicable By Authorizing Arbitrators To Decide Whether A Statute Of Limitations Caqn Bar Arbitration, Daivy P.E. Dambreville

Arbitration Law Review (2009 - Present)

No abstract provided.


Betting Against The House: California And Nevada's Stand Against Arbitration Clauses In Home Construction Contracts, Devin Ryan Jul 2012

Betting Against The House: California And Nevada's Stand Against Arbitration Clauses In Home Construction Contracts, Devin Ryan

Arbitration Law Review (2009 - Present)

No abstract provided.


Making The Withdrawal: The Effect At&T Mobility V. Concepcion Will Have On State Laws Similar To California's Discover Bank Rule, Zachary R. Brecheisen Jul 2012

Making The Withdrawal: The Effect At&T; Mobility V. Concepcion Will Have On State Laws Similar To California's Discover Bank Rule, Zachary R. Brecheisen

Arbitration Law Review (2009 - Present)

No abstract provided.


Table Of Contents Jul 2012

Table Of Contents

Arbitration Law Review (2009 - Present)

No abstract provided.


Arbitration Innumeracy, Christopher R. Drahozal Jul 2012

Arbitration Innumeracy, Christopher R. Drahozal

Arbitration Law Review (2009 - Present)

No abstract provided.


The New French Arbitration Law: One Step Forward, Two Steps Back?, Jesse Baez Jul 2012

The New French Arbitration Law: One Step Forward, Two Steps Back?, Jesse Baez

Arbitration Law Review (2009 - Present)

No abstract provided.


Foreward, Nicholas Fox Jul 2012

Foreward, Nicholas Fox

Arbitration Law Review (2009 - Present)

No abstract provided.


Concepcion And Preemption Under The Federal Arbitration Act, Ian D. Mitchell, Richard A. Bales Jul 2012

Concepcion And Preemption Under The Federal Arbitration Act, Ian D. Mitchell, Richard A. Bales

Arbitration Law Review (2009 - Present)

The Supreme Court held in AT&T Mobility v. Concepcion that a California law declaring class arbitration waivers unconscionable was preempted because it stood as an "obstacle to the accomplishment and execution of the full purposes and objectives" of the Federal Arbitration Act. The Court's Concepcion decision was necessarily based on implied preemption, because the FAA contains no express preemption clause and because there was no textual conflict between the FAA and the California law. Concepcion


At&T Mobility And Faa Over-Preemption, Jill Gross Jul 2012

At&T; Mobility And Faa Over-Preemption, Jill Gross

Arbitration Law Review (2009 - Present)

No abstract provided.


Purpose, Precedent, And Politics: Why Concepcion Covers Less Than You Think, Michael A. Helfand Jul 2012

Purpose, Precedent, And Politics: Why Concepcion Covers Less Than You Think, Michael A. Helfand

Arbitration Law Review (2009 - Present)

No abstract provided.


Book Review: Lucy Reed, Jan Paulsson, And Nigel Blackaby, Guide To Icsid Arbitration (2d Ed., 2011), Jack J. Coe Jr. Jul 2012

Book Review: Lucy Reed, Jan Paulsson, And Nigel Blackaby, Guide To Icsid Arbitration (2d Ed., 2011), Jack J. Coe Jr.

Arbitration Law Review (2009 - Present)

No abstract provided.


The Ninth Circuit Grapples With The Arbitrability And Unconscionability Of Mmwa Claims, Amanda Miller Jul 2012

The Ninth Circuit Grapples With The Arbitrability And Unconscionability Of Mmwa Claims, Amanda Miller

Arbitration Law Review (2009 - Present)

No abstract provided.


When A Waiver Isn't Really A Waiver: Eleventh Circuit Establishes New Standard For Waiver Of Right To Arbitrate After Filing Of Amended Complain, Dustin Morgan Jul 2012

When A Waiver Isn't Really A Waiver: Eleventh Circuit Establishes New Standard For Waiver Of Right To Arbitrate After Filing Of Amended Complain, Dustin Morgan

Arbitration Law Review (2009 - Present)

No abstract provided.


Arbitration And The Marcellus Shale, Zach Morahan Jul 2012

Arbitration And The Marcellus Shale, Zach Morahan

Arbitration Law Review (2009 - Present)

No abstract provided.


Off The Reservation: Native American Tribes Reasserting Sovereign Immunity To Trump Arbitration Agreements, Devin Ryan Jul 2012

Off The Reservation: Native American Tribes Reasserting Sovereign Immunity To Trump Arbitration Agreements, Devin Ryan

Arbitration Law Review (2009 - Present)

No abstract provided.


For Better Or Worse: Surviving Divorce Through Alternative Dispute Resolution, Teleicia J. Rose Jul 2012

For Better Or Worse: Surviving Divorce Through Alternative Dispute Resolution, Teleicia J. Rose

Arbitration Law Review (2009 - Present)

No abstract provided.


Mediation In Political Conflicts: Soft Power Or Counter Culture, Michelle Polato Jul 2012

Mediation In Political Conflicts: Soft Power Or Counter Culture, Michelle Polato

Arbitration Law Review (2009 - Present)

No abstract provided.


Does At&T Mobility Llc V. Concepcion Justify The Arbitration Fairness Act?, Steven C. Bennett Jul 2012

Does At&T; Mobility Llc V. Concepcion Justify The Arbitration Fairness Act?, Steven C. Bennett

Arbitration Law Review (2009 - Present)

No abstract provided.


Are Arbitrators Right Even When They Are Wrong?: Second Circuit Upholds Arbitral Ruling Allowing Implicit Reference To Class Arbitration, Dustin Morgan Jul 2012

Are Arbitrators Right Even When They Are Wrong?: Second Circuit Upholds Arbitral Ruling Allowing Implicit Reference To Class Arbitration, Dustin Morgan

Arbitration Law Review (2009 - Present)

No abstract provided.


The Pca's Optional Rules For Arbitration Of Disputes Relating To Outer Space Activities: Bringing Arbitration To Infinity And Beyond, Jesse Baez Jul 2012

The Pca's Optional Rules For Arbitration Of Disputes Relating To Outer Space Activities: Bringing Arbitration To Infinity And Beyond, Jesse Baez

Arbitration Law Review (2009 - Present)

No abstract provided.


Seventh Circuit Comes To Arbitrator's Defense In Clarifying Narrow Scope Of Arbitrator 'Evident Partiality' Under Section 10 Of The Federal Arbitration Act, Mallary Willat Jul 2012

Seventh Circuit Comes To Arbitrator's Defense In Clarifying Narrow Scope Of Arbitrator 'Evident Partiality' Under Section 10 Of The Federal Arbitration Act, Mallary Willat

Arbitration Law Review (2009 - Present)

No abstract provided.


Tenth Circuit Affirms The District Court's Original Decision To Compel Arbitration In An Appeal Made By The Appellant After Losing In Arbitration, Skipper Dean Jul 2012

Tenth Circuit Affirms The District Court's Original Decision To Compel Arbitration In An Appeal Made By The Appellant After Losing In Arbitration, Skipper Dean

Arbitration Law Review (2009 - Present)

No abstract provided.


Fundamentals Of Labor Arbitration, Christen L. Rafuse Jul 2012

Fundamentals Of Labor Arbitration, Christen L. Rafuse

Arbitration Law Review (2009 - Present)

No abstract provided.


Freedom And Governance In U.S. Arbitration Law, Thomas E. Carbonneau Jan 2012

Freedom And Governance In U.S. Arbitration Law, Thomas E. Carbonneau

Faculty Scholarship

Arbitration has long served as a contractual substitute for judicial litigation. It provided a workable and effective form of adjudication in ancient societies and among religious groups, much as it does in contemporary times. Its long-standing appeal resides in enabling parties to choose a private adjudicatory mechanism based upon expertise and expedition that delivers fair, affordable, and enforceable outcomes. Arbitral adjudication effectively intermediates between the need for functional trial procedures and the imperative of safeguarding legal rights. Rights cannot be vindicated if the applicable hearing mechanisms are inaccessible and inefficient. The protracted puffery of lawyers is not a feasible solution …


Adr And Divotce In Light Of The Elkins Legislation, Jennifer Adams Jul 2011

Adr And Divotce In Light Of The Elkins Legislation, Jennifer Adams

Arbitration Law Review (2009 - Present)

No abstract provided.


No Bloch Head: Arbitrator's Decision Brings Change To The Nhl, Andrew M. Kroeckel Jul 2011

No Bloch Head: Arbitrator's Decision Brings Change To The Nhl, Andrew M. Kroeckel

Arbitration Law Review (2009 - Present)

No abstract provided.


Enhanced Dispute Resolution Through The Use Of Information Technology, Garret Brouwer Jul 2011

Enhanced Dispute Resolution Through The Use Of Information Technology, Garret Brouwer

Arbitration Law Review (2009 - Present)

No abstract provided.