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Dispute Resolution and Arbitration Commons™
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Articles 31 - 60 of 347
Full-Text Articles in Dispute Resolution and Arbitration
Evolution Of Strategic Communication And Information Operations Since 9/11: Hearing Before The Subcomm. On Emerging Threats & Capabilities Of The H. Comm. On Armed Services, 112th Cong., July 12, 2011 (Statement Of Rosa Ehrenreich Brooks), Rosa Ehrenreich Brooks
Testimony Before Congress
I know that members of this sub-committee are deeply committed to ensuring that reform of strategic communication organizational structures and policies remains a top priority for the executive branch. I have to confess that in my former role as a Defense Department official with responsibility for a range of SC and IO issues, I was not always wholly grateful for your interest: you and your colleagues on the House Appropriations Committee put the Department through the ringer with quite a lot of different reporting requirements. As a citizen, however, I am deeply grateful to you for having kept us on …
Summary Of Pasillas V. Hsbc Bank Usa, Et. Al., 127 Nev. Adv. Op. No. 39, Meredith Still
Summary Of Pasillas V. Hsbc Bank Usa, Et. Al., 127 Nev. Adv. Op. No. 39, Meredith Still
Nevada Supreme Court Summaries
An appeal from a district court order denying a petition for judicial review arising in a foreclosure mediation action.
The Icsid Effect? Considering Potential Variations In Arbitration Awards, Susan D. Franck
The Icsid Effect? Considering Potential Variations In Arbitration Awards, Susan D. Franck
Scholarly Articles
The legitimacy of the World Bank's dispute resolution body - The International Centre for the Settlement of Investment Disputes (ICSID) - is a matter of heated debate. Some states have alleged that ICSID is biased, withdrawn from the ICSID Convention, and advocated creating alternative arbitration systems. Using pre-2007 archival data of the population of then- known arbitration awards, this Article quantitatively assesses whether ICSID arbitration awards were substantially different from arbitration awards rendered in other forums. The Article examines variation in the amounts claimed and outcomes reached to evaluate indicators of bias. The results indicated that there was no reliable …
Contract And Procedure, Peter B. Rutledge, Christopher R, Drahozal
Contract And Procedure, Peter B. Rutledge, Christopher R, Drahozal
Scholarly Works
This paper examines both the theoretical underpinnings and empirical picture of procedural contracts. Procedural contracts may be understood as contracts in which parties regulate not merely their commercial relations but also the procedures by which disputes over those relations will be resolved. Those procedural contracts regulate not simply the forum in which disputes will be resolved (arbitration vs litigation) but also the applicable procedural framework (discovery, class action waivers, remedies limitations, etc.). At a theoretical level, this paper explores both the limits on parties' ability to regulate procedure by contract (at issue in the Supreme Court's recent Rent-A-Center decision) and …
Ethical Problems In Class Arbitration, Andrew Powell, Richard A. Bales
Ethical Problems In Class Arbitration, Andrew Powell, Richard A. Bales
Journal of Dispute Resolution
This article examines two significant conflicts of interest that arise in class arbitration in six parts. Part II provides background on the recent evolution of class arbitration, explaining how the Supreme Court had decided several cases involving class arbitration but has not explicitly ruled that class actions are either permitted or forbidden. Part III discusses the conflicts of interest that could arise at the beginning of class arbitration. Part IV discusses conflicts of interest that arise at the end of class arbitration. Part V of this article argues that if and when Congress amends the Federal Arbitration Act to statutorily …
Missouri Courts Side With Employees Against The Eighth Circuit: Continued Employment Does Not Constitute Acceptance And Consideration For Mandatory Arbitration Agreements: Frye V. Speedway Chevrolet Cadillac, Laura Browne
Journal of Dispute Resolution
The question of whether continued employment constitutes acceptance and consideration for an employment contract, particularly applied to mandatory arbitration clauses, has split the authorities who decide on cases arising out of Missouri. The United States Court of Appeals for the Eighth Circuit, while purporting to apply Missouri law in cases arising out of Missouri, holds that an employee who continues to work for his or her employer after an arbitration program has been implemented is bound by it by the virtue of his or her continued employment. Missouri courts, however, disagree with this interpretation of Missouri law and held in …
Adr And Divotce In Light Of The Elkins Legislation, Jennifer Adams
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
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
Enhanced Dispute Resolution Through The Use Of Information Technology, Garret Brouwer
Arbitration Law Review (2009 - Present)
No abstract provided.
The Future Of Investor-State Arbitration: Greater Transparency On The Horizon For Uncitral Rules, Kristin Miller
The Future Of Investor-State Arbitration: Greater Transparency On The Horizon For Uncitral Rules, Kristin Miller
Arbitration Law Review (2009 - Present)
No abstract provided.
Introduction To The Arbitrator As Judge . . . And Judge Of Jurisdiction Symposium, Thomas E. Carbonneau
Introduction To The Arbitrator As Judge . . . And Judge Of Jurisdiction Symposium, Thomas E. Carbonneau
Arbitration Law Review (2009 - Present)
No abstract provided.
Connecticut Forces Litigious Patients To Play Nice With Doctors, Mandates Mediation For All Medical Malpractice Claims, Ryan J. Maerz
Connecticut Forces Litigious Patients To Play Nice With Doctors, Mandates Mediation For All Medical Malpractice Claims, Ryan J. Maerz
Arbitration Law Review (2009 - Present)
No abstract provided.
Icann's Uniform Domain Name Dispute Resolution Policy As A Means Of Combating Copyright Infringement, Dwight A. Decker Jr.
Icann's Uniform Domain Name Dispute Resolution Policy As A Means Of Combating Copyright Infringement, Dwight A. Decker Jr.
Arbitration Law Review (2009 - Present)
No abstract provided.
Supreme Court Of Colorado Holds That An Excess Insurer Who Endorses A Primary Insurer's Coverage Agreement By Follow-Form Is Subject To The Arbitral Clause Within That Agreement, Jamie L. Augustinsky
Supreme Court Of Colorado Holds That An Excess Insurer Who Endorses A Primary Insurer's Coverage Agreement By Follow-Form Is Subject To The Arbitral Clause Within That Agreement, Jamie L. Augustinsky
Arbitration Law Review (2009 - Present)
No abstract provided.
International Commercial Arbitration And The Arbitrator's Contract, Jaclyn Reilly
International Commercial Arbitration And The Arbitrator's Contract, Jaclyn Reilly
Arbitration Law Review (2009 - Present)
No abstract provided.
Contract And Kompetenz, Peter B. Rutledge
Contract And Kompetenz, Peter B. Rutledge
Arbitration Law Review (2009 - Present)
No abstract provided.
Revelation And Reaction: The Struggle To Shape American Arbitration, Thomas J. Stipanowich
Revelation And Reaction: The Struggle To Shape American Arbitration, Thomas J. Stipanowich
Arbitration Law Review (2009 - Present)
No abstract provided.
Full Of Sound And Fury, Signifying Nothing: Second Circuit Chides Employer's Unfair Arbitration Terms, Tet Still Enforces Agreement, Michael C. Barbarula
Full Of Sound And Fury, Signifying Nothing: Second Circuit Chides Employer's Unfair Arbitration Terms, Tet Still Enforces Agreement, Michael C. Barbarula
Arbitration Law Review (2009 - Present)
No abstract provided.
Ohio Appellate Court Holds That Statutorily Authorized Awards Of Attorney's Fees Are Properly Decided By Arbitrators, Nick Fox
Arbitration Law Review (2009 - Present)
No abstract provided.
The Court's Power To Grant Preliminary Injunctions In C Ases Where Arbitration Is Pending, Dwight A. Decker Jr.
The Court's Power To Grant Preliminary Injunctions In C Ases Where Arbitration Is Pending, Dwight A. Decker Jr.
Arbitration Law Review (2009 - Present)
No abstract provided.
The Increasing Need For Arbitration In Action Sports, Rachel Bires
The Increasing Need For Arbitration In Action Sports, Rachel Bires
Arbitration Law Review (2009 - Present)
No abstract provided.
Mobil V. Venezuela: The Nationality Requirement Under The Icsid Convention, Roberto Castro De Figueiredo
Mobil V. Venezuela: The Nationality Requirement Under The Icsid Convention, Roberto Castro De Figueiredo
Arbitration Law Review (2009 - Present)
No abstract provided.
A Cautionary Tale On Arbitral Authority: Judges, Arbitrators And The Stolt-Nielsen Decision, William W. Park
A Cautionary Tale On Arbitral Authority: Judges, Arbitrators And The Stolt-Nielsen Decision, William W. Park
Arbitration Law Review (2009 - Present)
No abstract provided.
Ninth Circuit Denies Insurer's Gamble On Vacatur In Nevada, Emma M. Kline
Ninth Circuit Denies Insurer's Gamble On Vacatur In Nevada, Emma M. Kline
Arbitration Law Review (2009 - Present)
No abstract provided.
Amidst 24/7 Media Climate, Siac Provides For Speedy Process And Emergency Relief, Nathan C. Volpi
Amidst 24/7 Media Climate, Siac Provides For Speedy Process And Emergency Relief, Nathan C. Volpi
Arbitration Law Review (2009 - Present)
No abstract provided.
The Supreme Court's Manifest Disregard Of The "Manifest Disregard" Doctrine: How Stolt-Neilsen V. Animalfeeds Expands Grounds For Judicial Review Of Arbitral Awards, Matthew C. Weiner
The Supreme Court's Manifest Disregard Of The "Manifest Disregard" Doctrine: How Stolt-Neilsen V. Animalfeeds Expands Grounds For Judicial Review Of Arbitral Awards, Matthew C. Weiner
Arbitration Law Review (2009 - Present)
No abstract provided.
Supreme Court Of Appeals Of West Virginia Takes Meritorious Claims Back Home To The Place They Belong, Emma Kline
Supreme Court Of Appeals Of West Virginia Takes Meritorious Claims Back Home To The Place They Belong, Emma Kline
Arbitration Law Review (2009 - Present)
No abstract provided.
From Past To Present: The Rules Of Arbitration Under The United Nations Commission On International Trade Law, Julia Rabich
From Past To Present: The Rules Of Arbitration Under The United Nations Commission On International Trade Law, Julia Rabich
Arbitration Law Review (2009 - Present)
No abstract provided.
International Investment And Commercial Arbitration: An Industry Perspective, Lauren Willis
International Investment And Commercial Arbitration: An Industry Perspective, Lauren Willis
Arbitration Law Review (2009 - Present)
No abstract provided.
A Tribunal's Manifest Excess Of Powers: An Examination Of Bit Preclusion, Melody Mahla
A Tribunal's Manifest Excess Of Powers: An Examination Of Bit Preclusion, Melody Mahla
Arbitration Law Review (2009 - Present)
No abstract provided.