Open Access. Powered by Scholars. Published by Universities.®

Dispute Resolution and Arbitration Commons

Open Access. Powered by Scholars. Published by Universities.®

University of Miami Law School

Discipline
Keyword
Publication Year
Publication
Publication Type

Articles 31 - 60 of 87

Full-Text Articles in Dispute Resolution and Arbitration

Arbitration Of Mexican Trust Disputes: A Couple Made For Each Other?, Edgardo Muñoz, Sofía Llamas Dec 2015

Arbitration Of Mexican Trust Disputes: A Couple Made For Each Other?, Edgardo Muñoz, Sofía Llamas

University of Miami International and Comparative Law Review

No abstract provided.


Potential Of Florida's Effective Assistance Of Counsel Doctrine To Increase Parent Engagement And Promote The Well-Being Of Children, Robert Latham, Robin L. Rosenberg Oct 2015

Potential Of Florida's Effective Assistance Of Counsel Doctrine To Increase Parent Engagement And Promote The Well-Being Of Children, Robert Latham, Robin L. Rosenberg

Articles

No abstract provided.


A Sour Battle In Lago Agrio And Beyond: The Metamorphosis Of Transnational Litigation And The Protection Of Collective Rights In Ecuador, Manuel A. Gomez May 2015

A Sour Battle In Lago Agrio And Beyond: The Metamorphosis Of Transnational Litigation And The Protection Of Collective Rights In Ecuador, Manuel A. Gomez

University of Miami Inter-American Law Review

No abstract provided.


Investment Arbitration In East Asia And The Pacific A Statistical Analysis Of Bilateral Investment Treaties, Other International Investment Agreements And Investment Arbitrations In The Region, Sandra Friedrich, Claudia T. Salomon Jan 2015

Investment Arbitration In East Asia And The Pacific A Statistical Analysis Of Bilateral Investment Treaties, Other International Investment Agreements And Investment Arbitrations In The Region, Sandra Friedrich, Claudia T. Salomon

Articles

Many countries in the East Asian and Pacific (EAP) region have strengthened their networks of bilateral investment treaties (BITs) and other international investment agreements (IIAs). This growth in investment protection instruments not only illustrates the region's continued attractiveness to foreign investors, but also reflects a shift of several developing EAP countries from having been predominantly recipients of foreign investment in the past, toward becoming important sources of foreign investment abroad. Reflecting trade and investment patterns, as of December 2014, EAP countries concluded a total of at least 712 BITs and 69 other IlAs. On the heels of this development, the …


Unaffordable Justice: The High Cost Of Mandatory Employment Arbitration For The Average Worker, Lisa A. Nagele-Piazza Oct 2014

Unaffordable Justice: The High Cost Of Mandatory Employment Arbitration For The Average Worker, Lisa A. Nagele-Piazza

University of Miami Business Law Review

Although the use of arbitration provisions in collective bargaining agreements and executive employment contracts serve a beneficial purpose for workers and employers alike, the growing use of mandatory, pre-dispute arbitration agreements in non-unionized employment settings stands as an obstacle for employees to vindicate their statutorily prescribed civil rights. In particular, by forcing workers to share in the unique costs of arbitration, employees may be deterred from bringing otherwise meritorious claims. Given the federal policy favoring arbitration, and in the absence of legislation banning mandatory employment arbitration agreements, it is essential for arbitration service providers and drafters of arbitration clauses to …


Opening The Floodgates Of Small Customer Claims In Finra Arbitration: Finra V. Charles Schwab & Co., Inc., Teresa J. Verges Jan 2014

Opening The Floodgates Of Small Customer Claims In Finra Arbitration: Finra V. Charles Schwab & Co., Inc., Teresa J. Verges

Articles

No abstract provided.


Wachovia Securities, Llc V. Brand (2012): The Fourth Circuit's Dubious Position In The Ongoing Federal Circuit Split In The Application Of "Manifest Disregard Of The Law" As A Basis For Vacatur Of Arbitration Awards Following The U.S. Supreme Court's Hall Street Decision (2008), Jonas Cullemark Jan 2014

Wachovia Securities, Llc V. Brand (2012): The Fourth Circuit's Dubious Position In The Ongoing Federal Circuit Split In The Application Of "Manifest Disregard Of The Law" As A Basis For Vacatur Of Arbitration Awards Following The U.S. Supreme Court's Hall Street Decision (2008), Jonas Cullemark

University of Miami Business Law Review

No abstract provided.


Stop! In The Name Of Ethics, Before You Break My Bank Account: The "Conflicting" Rights Guaranteed To Parties In International Arbitration By Hrvatska V. Slovenia And Rompetrol V. Romania, And Their Potential As Tactical Weapons, Misbah Farid May 2013

Stop! In The Name Of Ethics, Before You Break My Bank Account: The "Conflicting" Rights Guaranteed To Parties In International Arbitration By Hrvatska V. Slovenia And Rompetrol V. Romania, And Their Potential As Tactical Weapons, Misbah Farid

University of Miami International and Comparative Law Review

International arbitration offers many rights, such as the right to counsel of choice and the right to an independent and impartial arbitration panel and proceeding. However, these guarantees, while they ensure the rights of parties and allow international arbitration to be a viable dispute resolution forum, can also be used as weapons. The viability of these rights as weapons is what reconciles the seemingly conflicting cases of Hrvatska v. Slovenia and Rompetrol v. Romania. Hrvatska sets forth an arbitration tribunal's inherent right to ensure and regulate the proceedings so as to guarantee the rights offered by international arbitration, while …


A Defense Of Dissents In Investment Arbitration, Pedro J. Martinez-Fraga, Harout Jack Samra Jul 2012

A Defense Of Dissents In Investment Arbitration, Pedro J. Martinez-Fraga, Harout Jack Samra

University of Miami Inter-American Law Review

No abstract provided.


The Applicability Of Arbitration In The Americas: An Avant-Garde Approach To The Panama Convention, Elizabeth A. Briggs Jul 2012

The Applicability Of Arbitration In The Americas: An Avant-Garde Approach To The Panama Convention, Elizabeth A. Briggs

University of Miami Inter-American Law Review

No abstract provided.


The Public Interest In International Arbitration, Jan Paulsson Jan 2012

The Public Interest In International Arbitration, Jan Paulsson

Articles

No abstract provided.


Condominium Arrangements In International Practice: Reviving An Abandoned Concept Of Boundary Dispute Resolution, Joel H. Samuels Jul 2008

Condominium Arrangements In International Practice: Reviving An Abandoned Concept Of Boundary Dispute Resolution, Joel H. Samuels

Articles

No abstract provided.


A Tribute To Louis Sohn - Is The Dispute Settlement System Under The Law Of The Sea Convention Working?, Bernard H. Oxman Jan 2007

A Tribute To Louis Sohn - Is The Dispute Settlement System Under The Law Of The Sea Convention Working?, Bernard H. Oxman

Articles

No abstract provided.


Current Issues In The Enforcement Of International Arbitration Awards, Joseph E. Neuhaus Oct 2004

Current Issues In The Enforcement Of International Arbitration Awards, Joseph E. Neuhaus

University of Miami Inter-American Law Review

No abstract provided.


The Recent Wave Of Arbitrations Against Argentina Under Bilateral Investment Treaties: Background And Principal Legal Issues, Paolo Di Rosa Oct 2004

The Recent Wave Of Arbitrations Against Argentina Under Bilateral Investment Treaties: Background And Principal Legal Issues, Paolo Di Rosa

University of Miami Inter-American Law Review

No abstract provided.


Clash And Convergence On Ethical Issues In International Arbitration, John M. Townsend Oct 2004

Clash And Convergence On Ethical Issues In International Arbitration, John M. Townsend

University of Miami Inter-American Law Review

No abstract provided.


Consumer And Employment Arbitration Law In Comparative Perspective: The Importance Of The Civil Jury, Stephen J. Ware Jul 2002

Consumer And Employment Arbitration Law In Comparative Perspective: The Importance Of The Civil Jury, Stephen J. Ware

University of Miami Law Review

No abstract provided.


Ethics Issues In Arbitration And Related Dispute Resolution Processes: What's Happening And What's Not, Carrie Menkel-Meadow Jul 2002

Ethics Issues In Arbitration And Related Dispute Resolution Processes: What's Happening And What's Not, Carrie Menkel-Meadow

University of Miami Law Review

No abstract provided.


The Use Of Arbitration By Federal Agencies To Solve Environmental Disputes: All Wrapped Up In Red Tape, Sarah B. Belter Jul 2002

The Use Of Arbitration By Federal Agencies To Solve Environmental Disputes: All Wrapped Up In Red Tape, Sarah B. Belter

University of Miami Law Review

No abstract provided.


How Important Is A Title? An Examination Of The Private Law Created By The Motion Picture Association Of America, Edward Robert Mccarthy Jul 2002

How Important Is A Title? An Examination Of The Private Law Created By The Motion Picture Association Of America, Edward Robert Mccarthy

University of Miami Law Review

No abstract provided.


Tweaking The Market For Autonomy: A Problem-Solving Perspective To Informed Consent In Arbitration, Clark Freshman Jul 2002

Tweaking The Market For Autonomy: A Problem-Solving Perspective To Informed Consent In Arbitration, Clark Freshman

University of Miami Law Review

No abstract provided.


Is The U.S. Out On A Limb? Comparing The U.S. Approach To Mandatory Consumer And Employment Arbitration To That Of The Rest Of The World, Jean R. Sternlight Jul 2002

Is The U.S. Out On A Limb? Comparing The U.S. Approach To Mandatory Consumer And Employment Arbitration To That Of The Rest Of The World, Jean R. Sternlight

University of Miami Law Review

No abstract provided.


In Light Of Circuit City Stores, Inc. V. Adams, What Is The Fate Of Employment Law? Does An Analysis Of Consumer Law Shed Light On The Future Of Employer/Employee Relations?, Jaime Ellen Sopher Jul 2002

In Light Of Circuit City Stores, Inc. V. Adams, What Is The Fate Of Employment Law? Does An Analysis Of Consumer Law Shed Light On The Future Of Employer/Employee Relations?, Jaime Ellen Sopher

University of Miami Law Review

No abstract provided.


The Ballad Of Transborder Arbitration, Thomas E. Carbonneau Jul 2002

The Ballad Of Transborder Arbitration, Thomas E. Carbonneau

University of Miami Law Review

No abstract provided.


Self-Determination In Dispute System Design And Employment Arbitration, Lisa B. Bingham Jul 2002

Self-Determination In Dispute System Design And Employment Arbitration, Lisa B. Bingham

University of Miami Law Review

No abstract provided.


The Unanswered Question From Green Tree Financial Corp. V. Randolph: How Much Is Too Much Before The Costs Of Arbitration Become A Barrier To Due Process?, Robert W. Abel Jul 2002

The Unanswered Question From Green Tree Financial Corp. V. Randolph: How Much Is Too Much Before The Costs Of Arbitration Become A Barrier To Due Process?, Robert W. Abel

University of Miami Law Review

No abstract provided.


State Court Attempts To Limit The Applicability Of The Federal Arbitration Act In A Post Lopez World, Kristen Brown Jul 2002

State Court Attempts To Limit The Applicability Of The Federal Arbitration Act In A Post Lopez World, Kristen Brown

University of Miami Law Review

No abstract provided.


Online Arbitration Of Cross-Border, Business To Consumer Disputes, Karen Sewart, Joseph Matthews Jul 2002

Online Arbitration Of Cross-Border, Business To Consumer Disputes, Karen Sewart, Joseph Matthews

University of Miami Law Review

No abstract provided.


Icann's "Uniform Dispute Resolution Policy"- Causes And (Partial) Cures, A. Michael Froomkin Jan 2002

Icann's "Uniform Dispute Resolution Policy"- Causes And (Partial) Cures, A. Michael Froomkin

Articles

No abstract provided.


A Problem Of Process In Wto Jurisprudence: Identifying Disputed Issues In Panels And Consultations, Glenn R. Butterton Jan 2000

A Problem Of Process In Wto Jurisprudence: Identifying Disputed Issues In Panels And Consultations, Glenn R. Butterton

Articles

No abstract provided.