Dispute Resolution and Arbitration Commons^™

Love, Hurts: How Third-Party Fine Payments Challenge The Integrity Of Collective Bargaining Agreements In The Nfl, Isabella Astolfi

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Toward A Private Law Of Intimates' Obligations, Emily J. Stolzenberg

Faculty Publications

When former cohabitants ask courts to distribute property at the end of a nonmarital relationship, they usually lose—even when the partners were as economically intertwined as spouses. Family law scholars have traditionally criticized these cases in terms of longstanding gendered ideas about family relationships. This Article proposes a complementary account at the intersection of feminist and private law theory: that the law of voluntary obligations is not adequately developed to protect intimates’ cooperation. Although marital status law aims to safeguard thick cooperation between spouses and contract law captures a range of more market-based cooperation, for historically contingent reasons, little doctrine …

Sea Changes In Sue-And-Settle Policy: The Tides Of Transparency And Expediency, Evan B. Fitzgerald

Villanova Environmental Law Journal (1991 - )

No abstract provided.

The Case For An African Investment Court (Aic), Won L. Kidane

Faculty Publications

No abstract provided.

Dismissing Human Trafficking: Forced Arbitration Of Survivors’ Civil Suits, Annie Smith, Daniel Werner

Villanova Law Review (1956 - )

No abstract provided.

Unveiling A Hidden Hazard: A Deep Dive Into Forever Chemicals And The Urgent Need For Solutions, Katie L. Uszakiewicz

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Navigating The Arbitration Speedway: Gig Economy Drivers Blindly Swerve Through Obstacles Created By The Uneven Application Of The Federal Arbitration Act, John David Dufort

Villanova Law Review (1956 - )

No abstract provided.

No Need To Reinvent The Wheel: The Positive Relationship Between Green Technology And Patent Enforcement, Addison S. Fowler

Villanova Environmental Law Journal (1991 - )

No abstract provided.

The New York Convention: Concrete Jungle Where International Commercial Arbitration Dreams Are Made Of, Lizzie Klink

Villanova Law Review (1956 - )

No abstract provided.

Brian Flores's Employment Discrimination Lawsuit Against The Nfl: A Game Changer Or Business As Usual?, Michael Conklin, Jennifer Barger-Johnson, Marty Ludlum

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Forced Play: Was The Mlb Commisioner's Decision To Force A 2020 Mlb Season Amid Coronavirus Unenforceable, Or Just A Bad Idea?, Rachel Young

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Nfl 3-0 In Federal Appellate Court Challenges To Player Suspensions: A Pattern Of "Substantial Deference" To The Nfl Creates And Uphill Battle For Players, Kara Crawford

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Secret's Out: Third Circuit Find Delaware's State Sponsored Arbitration Program Violates First Amendment Right Of Public Access In Delaware Coalition For Open Government V. Strine, Dean J. Shauger

Villanova Law Review (1956 - )

No abstract provided.

Catching The Waive: The Third Circuit Joins The Growing Trend Of Circuit Courts In Voiding A Class-Arbitration Waiver In Homa V. American Express Co., Steven D. Millman

Villanova Law Review (1956 - )

No abstract provided.

Attorneys' Fees Agonistes: The Implications Of Inconsistency In The Awarding Of Fees And Costs In International Arbitrations, John Y. Gotanda

Working Paper Series

The awarding of arbitration costs and attorneys’ fees in international arbitrations is often arbitrary and unpredictable. In one recent investment arbitration where the tribunal deciding a case under the auspices of the international Centre for the Settlement of Investment Disputes (ICSID) had broad discretion to award costs and fees, the tribunal allocated arbitration costs evenly amongst the claimant and respondent and required each party to bear its own fees and expenses, even though the claimant prevailed. In another case where the claimant was successful on its substantive claim, the ICSID tribunal ordered the respondent to pay the claimant US$6 million …

Interest As Damages, John Y. Gotanda, Thierry J. Sénéchal

Working Paper Series

In this article, we posit that when arbitral tribunals decide international disputes, they typically fail to fully compensate claimants for the loss of the use of their money. This failure occurs because they do not acknowledge that businesses typically invest in opportunities that pose a significantly greater risk than the risk reflected in such commonly used standards as U.S. T-bills and LIBOR rates. Claimants also must share the blame when they do not set out a well-constructed claim for interest as damages. However, even when claimants do so, tribunals often award damages at a statutory rate or at rate reflecting …

Using The Unidroit Principles To Fill Gaps In The Cisg, John Y. Gotanda

Working Paper Series

The United Nations Convention on the International Sale of Goods (CISG) sets forth only a basic framework for the recovery of damages, thereby giving a court of tribunal broad authority to determine an aggrieved party’s loss based on circumstances of the particular case. Unfortunately, the lack of specificity has resulted in much litigation, and seemingly conflicting results. To remedy this problem, some have argued that the gaps in the CISG damages provisions should be filled with the UNIDROIT Principles of International Commercial Contracts. In this paper, I argue that the gap-filling rules of CISG preclude the UNIDROIT Principles from being …

Charting Developments Concerning Punitive Damages: Is The Tide Changing?, John Y. Gotanda

Working Paper Series

This essay discusses a number of developments outside of the United States concerning punitive damages, which may ultimately signal a change in the way other countries view American awards of such damages.

To date, courts in many countries have refused to recognize and enforce American punitive damages awards on the ground that they violate the host country’s public policy. In most civil law countries, such as France and Germany, penal damages can only be ordered in criminal proceedings; a civil award of such damages has been viewed as contrary to ordre public. In common law countries, while punitive damages generally …

Damages In Lieu Of Performance Because Of Breach Of Contract, John Y. Gotanda

Working Paper Series

In contract disputes between transnational contracting parties, damages are often awarded to compensate a claimant for loss, injury or detriment resulting from a respondent’s failure to perform the agreement. In fact, damages may be the principal means of substituting for performance or they may complement other remedies, such as recision or specific performance.

Damages for breach of contract typically serve to protect one of three interests of a claimant: (1) performance interest (also known as expectation interest); (2) reliance interest; or (3) restitution interest. The primary goal of damages in most jurisdictions is to fulfil a claimant’s performance interest by …

Foreword, Edward R. Becker

Villanova Law Review (1956 - )

No abstract provided.

Appellate Mediation In The Third Circuit - Program Operations: Nuts, Bolts, And Practice Tips, Joseph A. Torregrossa

Villanova Law Review (1956 - )

No abstract provided.

Labor Law - The Substance Of Procedure: Defining Judicial Authority And The Role Of The Arbitrator In Independent Association Of Continental Pilots V. Continental Airlines, Wendy A. Tyson

Villanova Law Review (1956 - )

No abstract provided.

Application Of The Public Policy Exception For The Enforcement Of Arbitral Awards: There Is No Place Like The Home In Saint Mary Home, Inc. V. Service Employees International Union, District 1199, Scott Barbakoff

Villanova Law Review (1956 - )

No abstract provided.

Speech: Legal Issues And The Olympics, Ronald T. Rowan

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Resolving Disputes Over Financial Management Of Athletes: English And American Experiences, James A.R. Nafziger

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Arbitration - The Third Circuit Re-Examines Its Traditional Approach To Adjudication Of Erisa Claims, Sarah E. Bouchard

Villanova Law Review (1956 - )

No abstract provided.

Vacating Arbitrators' Awards Under The Public Policy Exception: Are Courts Second-Guessing Arbitrators' Decisions, Laurie A. Tribble

Villanova Law Review (1956 - )

No abstract provided.

Mediation Services: Successes And Failures Of Site-Specific Alternative Dispute Resolution, Leonard F. Charla, Gregory J. Parry

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Alternative Methods Of Resolving Environmental Disputes, Editors

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Mandated Mediation: A Contradiction In Terms - Lessons From A Recent Attempts To Institutionalize Alternative Dispute Resolution Practices, Jonathan Brock

Villanova Environmental Law Journal (1991 - )

No abstract provided.