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Dispute Resolution and Arbitration Commons

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Penn State Dickinson Law

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Articles 61 - 90 of 343

Full-Text Articles in Dispute Resolution and Arbitration

Roger That: Calling An Audible On The Nfl Commissioner’S Final Authority Over Player Disciplinary Matters As The 2020 Cba Re-Negotiation Looms, Kyle Yager May 2020

Roger That: Calling An Audible On The Nfl Commissioner’S Final Authority Over Player Disciplinary Matters As The 2020 Cba Re-Negotiation Looms, Kyle Yager

Arbitration Law Review (2009 - Present)

No abstract provided.


The Courts, Not The Arbitrator, Must Decide Class Arbitrability Unless Clearly And Unmistakably Granted In The Arbitration Agreement: A Comment On 20/20 Communs., Inc. V. Crawford, Andrew Peretin May 2020

The Courts, Not The Arbitrator, Must Decide Class Arbitrability Unless Clearly And Unmistakably Granted In The Arbitration Agreement: A Comment On 20/20 Communs., Inc. V. Crawford, Andrew Peretin

Arbitration Law Review (2009 - Present)

No abstract provided.


The Final Frontier: Are Class Action Waivers In Broker-Dealer Employment Agreements Enforceable?, Jill I. Gross May 2020

The Final Frontier: Are Class Action Waivers In Broker-Dealer Employment Agreements Enforceable?, Jill I. Gross

Arbitration Law Review (2009 - Present)

No abstract provided.


The Role Of Arbitration In Securing An Israeli-Egyptian Energy Hub, Hannah D. Goodwin May 2020

The Role Of Arbitration In Securing An Israeli-Egyptian Energy Hub, Hannah D. Goodwin

Arbitration Law Review (2009 - Present)

No abstract provided.


The Hague Rules On Business And Human Rights Arbitration: What The Drafters Got Right And Wrong, Kelsey Berndt May 2020

The Hague Rules On Business And Human Rights Arbitration: What The Drafters Got Right And Wrong, Kelsey Berndt

Arbitration Law Review (2009 - Present)

No abstract provided.


Too Big To Arbitrate? Class Actions Waivers, Adhesive Arbitration, And Their Effects On Antitrust Litigation, Matt Rubinoff May 2020

Too Big To Arbitrate? Class Actions Waivers, Adhesive Arbitration, And Their Effects On Antitrust Litigation, Matt Rubinoff

Arbitration Law Review (2009 - Present)

No abstract provided.


Characteristics And Professional Practices Of Labor And Employment Neutrals, Dr. Mark D. Gough May 2020

Characteristics And Professional Practices Of Labor And Employment Neutrals, Dr. Mark D. Gough

Arbitration Law Review (2009 - Present)

No abstract provided.


Labor Unions, Cartelization, And Arbitration: Replacing At-Will Employment With Arbitration Of Employee Grievances, Stephen J. Ware May 2020

Labor Unions, Cartelization, And Arbitration: Replacing At-Will Employment With Arbitration Of Employee Grievances, Stephen J. Ware

Arbitration Law Review (2009 - Present)

No abstract provided.


"Reasoned" Arbitration Awards, Steven Hooten, Richard Bales May 2020

"Reasoned" Arbitration Awards, Steven Hooten, Richard Bales

Arbitration Law Review (2009 - Present)

No abstract provided.


Making Employment Arbitration Fair And Accessible, Theodore J. St. Antoine May 2020

Making Employment Arbitration Fair And Accessible, Theodore J. St. Antoine

Arbitration Law Review (2009 - Present)

No abstract provided.


Third Circuit Court Of Appeals Expands Protected Class Under Section One Of The Faa To Include Workers Who Transport Passengers: A Comment On Singh V. Uber Technology, Inc., Patrick Ouellette May 2020

Third Circuit Court Of Appeals Expands Protected Class Under Section One Of The Faa To Include Workers Who Transport Passengers: A Comment On Singh V. Uber Technology, Inc., Patrick Ouellette

Arbitration Law Review (2009 - Present)

No abstract provided.


Consumer Redress Through Online Dispute Resolution: The Role Of Online Dispute Resolution In Facilitating Consumer Access To Justice In E-Commerce, Patrick Brogan May 2020

Consumer Redress Through Online Dispute Resolution: The Role Of Online Dispute Resolution In Facilitating Consumer Access To Justice In E-Commerce, Patrick Brogan

Arbitration Law Review (2009 - Present)

No abstract provided.


Addressing Corruption Allegations In International Arbitration, Ginger Snapp May 2020

Addressing Corruption Allegations In International Arbitration, Ginger Snapp

Arbitration Law Review (2009 - Present)

No abstract provided.


International Commercial Arbitration Law And Practice In Thailand, Parada Kaewparadai Dec 2019

International Commercial Arbitration Law And Practice In Thailand, Parada Kaewparadai

SJD Dissertations

International Commercial Arbitration is one of the essential mechanisms that support and facilitate international trade transactions, especially when the parties are from different nations. Since it is an alternative dispute resolution that provides a final and binding award that is enforceable through the national courts mostly everywhere around the world, it becomes the most popular dispute resolution for international enterprises. Arbitration has been in existence in Thai Laws for centuries, but its role has been minimal as litigation is the primary adjudicate method of the country. However, in the past twenty years, arbitration has been developing rapidly since Alternative Dispute …


#Metoo, Due Process, And Mandatory Arbitration: The Perfect Storm For Functional State Level Arbitration Reform, Kaci Dupree Jan 2019

#Metoo, Due Process, And Mandatory Arbitration: The Perfect Storm For Functional State Level Arbitration Reform, Kaci Dupree

Arbitration Law Review (2009 - Present)

No abstract provided.


The Role Of Arbitration In Mexico’S Energy Reform Under The Amlo Administration, Ava Ibanez Jan 2019

The Role Of Arbitration In Mexico’S Energy Reform Under The Amlo Administration, Ava Ibanez

Arbitration Law Review (2009 - Present)

No abstract provided.


The Panama Canal Expansion: Adaptation Of Contracts, Augusto Garcia Sanjur Jan 2019

The Panama Canal Expansion: Adaptation Of Contracts, Augusto Garcia Sanjur

Arbitration Law Review (2009 - Present)

No abstract provided.


Transparency In Arbitration Proceedings, Aishani Narain Jan 2019

Transparency In Arbitration Proceedings, Aishani Narain

Arbitration Law Review (2009 - Present)

No abstract provided.


United States Court Of Appeals For The Tenth Circuit Follows Hall Street Precedence, Voids Arbitration Clause In Gambling Compact: A Comment On Citizen Potawatomi Nation V. Oklahoma, Mary Bonacchi Jan 2019

United States Court Of Appeals For The Tenth Circuit Follows Hall Street Precedence, Voids Arbitration Clause In Gambling Compact: A Comment On Citizen Potawatomi Nation V. Oklahoma, Mary Bonacchi

Arbitration Law Review (2009 - Present)

No abstract provided.


The New Handshake: Online Dispute Resolution And The Future Of Consumer Protection, Michael Ferrence Jan 2019

The New Handshake: Online Dispute Resolution And The Future Of Consumer Protection, Michael Ferrence

Arbitration Law Review (2009 - Present)

No abstract provided.


The ‘Sanctuary City’ Syndrome Reaches Arbitration: State Supreme Courts Defy Federalization, Thomas E. Carbonneau Jan 2019

The ‘Sanctuary City’ Syndrome Reaches Arbitration: State Supreme Courts Defy Federalization, Thomas E. Carbonneau

Arbitration Law Review (2009 - Present)

No abstract provided.


East V. West: The United States’ Indo-Pacific Economic Vision Takes On China’S Belt And Road Initiative, Jaime Fell Jan 2019

East V. West: The United States’ Indo-Pacific Economic Vision Takes On China’S Belt And Road Initiative, Jaime Fell

Arbitration Law Review (2009 - Present)

No abstract provided.


India Moves One Step Further Towards “Arbitration-Friendly” Jurisdiction, Xinyi Shen Jan 2019

India Moves One Step Further Towards “Arbitration-Friendly” Jurisdiction, Xinyi Shen

Arbitration Law Review (2009 - Present)

No abstract provided.


Alternative Dispute Resolution Of Shareholder Disputes In Hong Kong: Institutionalizing Its Effective Use, David Huehnergarth Jan 2019

Alternative Dispute Resolution Of Shareholder Disputes In Hong Kong: Institutionalizing Its Effective Use, David Huehnergarth

Arbitration Law Review (2009 - Present)

No abstract provided.


The Uncertain Status Of The Manifest Disregard Standard One Decade After Hall Street, Stuart M. Boyarsky Oct 2018

The Uncertain Status Of The Manifest Disregard Standard One Decade After Hall Street, Stuart M. Boyarsky

Dickinson Law Review (2017-Present)

The Federal Arbitration Act (FAA) enables parties to obtain quick and final resolution to disputes without incurring the costs, delays, and occasional publicity of litigation. Indeed, section 10 of the FAA enumerates four specific grounds on which courts may vacate arbitral awards: corruption, fraud, impartiality, and misconduct or incompetence. Yet over the past 60 years, a debate has raged over the existence of an additional ground: the arbitrator’s manifest disregard of the law.

The Supreme Court first enounced this standard in dicta in its 1953 decision in Wilko v. Swan. Over next four decades, every federal circuit court slowly …


Arbitration In Saudi Arabia: The Reform Of Law And Practice, Saleh Mubarak Bin Abbadi Apr 2018

Arbitration In Saudi Arabia: The Reform Of Law And Practice, Saleh Mubarak Bin Abbadi

SJD Dissertations

Arbitration, as a modern Western form of dispute resolution, has become an important feature of international commercial transactions and contracts. Saudi Arabia ratified the New York Convention and enacted a new Law of Arbitration in 2012. This dissertation evaluates arbitration in Saudi Arabia, focusing on the adoption of international standards in relevant local laws and court practices. The dissertation also considers the weight of Saudi laws, traditions, and social values to gauge the extent to which arbitration as practiced can be integrated into the Saudi legal system.

The dissertation highlights the necessity of cultivating a supportive environment for arbitration in …


Clear Statement Rules And The Integrity Of Labor Arbitration, Stephen Ross, Roy Eisenhardt Apr 2018

Clear Statement Rules And The Integrity Of Labor Arbitration, Stephen Ross, Roy Eisenhardt

Arbitration Law Review (2009 - Present)

Under the common law, employment contracts are submitted to civil courts to resolve disputes over interpretation, breach, and remedies. As an alternative, parties in collective bargaining agreements, can agree to dispute resolution by an independent arbitrator, whose decision is reviewed deferentially by judges. Where employees or members of an association are governed by its internal rules, in contrast, they often agree contractually to submit internal disputes to an association officer or committee. In this circumstance, the common law governing private associations affords judicial review that is more limited than a civil dispute, but more searching than is the case for …


The Evolving Korean Statutory Law On Arbitration, Eunok Park Jan 2018

The Evolving Korean Statutory Law On Arbitration, Eunok Park

SJD Dissertations

The Republic of Korea (Korea) is one of the countries the economy of which has developed rapidly over the past four decades. According to the World Bank, in 2016, Korea had the world’s eleventh-largest economy and was in eighth place in the world for trade. Considering its land mass, population, and natural resources, it is amazing how fast and big the Korean economy has developed. In the 1980s, Korea was known as one of the “Asian Dragons” along with Taiwan, Hong Kong, and Singapore. All these countries were believed to have great economic potential and the possibility for development. Among …


Gender And Justice In Family Law Disputes: Women, Mediation, And Religious Arbitration, Amelia K. Philips Jan 2018

Gender And Justice In Family Law Disputes: Women, Mediation, And Religious Arbitration, Amelia K. Philips

Arbitration Law Review (2009 - Present)

No abstract provided.


Sixth Time’S The Charm: Rethinking The Arbitration Fairness Act To Achieve Practical Reform, Morgan Stanley Jan 2018

Sixth Time’S The Charm: Rethinking The Arbitration Fairness Act To Achieve Practical Reform, Morgan Stanley

Arbitration Law Review (2009 - Present)

No abstract provided.