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Dispute Resolution and Arbitration Commons

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2011

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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 Jul 2011

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 Jul 2011

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 Jul 2011

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 Some states have alleged that ICSID is biased, withdrawn from the ICSID Convention, and advocated creating alternative arbitration systems.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 Jul 2011

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 Jul 2011

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 Jul 2011

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 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.


The Future Of Investor-State Arbitration: Greater Transparency On The Horizon For Uncitral Rules, Kristin Miller Jul 2011

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 Jul 2011

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 Jul 2011

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. Jul 2011

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 Jul 2011

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 Jul 2011

International Commercial Arbitration And The Arbitrator's Contract, Jaclyn Reilly

Arbitration Law Review (2009 - Present)

No abstract provided.


Contract And Kompetenz, Peter B. Rutledge Jul 2011

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 Jul 2011

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 Jul 2011

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 Jul 2011

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. Jul 2011

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 Jul 2011

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 Jul 2011

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 Jul 2011

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 Jul 2011

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 Jul 2011

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 Jul 2011

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 Jul 2011

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 Jul 2011

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 Jul 2011

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 Jul 2011

A Tribunal's Manifest Excess Of Powers: An Examination Of Bit Preclusion, Melody Mahla

Arbitration Law Review (2009 - Present)

No abstract provided.