Dispute Resolution and Arbitration Commons^™

At&T; Mobility And Faa Over-Preemption, Jill Gross

Arbitration Law Review (2009 - Present)

No abstract provided.

Purpose, Precedent, And Politics: Why Concepcion Covers Less Than You Think, Michael A. Helfand

Arbitration Law Review (2009 - Present)

No abstract provided.

Book Review: Lucy Reed, Jan Paulsson, And Nigel Blackaby, Guide To Icsid Arbitration (2d Ed., 2011), Jack J. Coe Jr.

Arbitration Law Review (2009 - Present)

No abstract provided.

The Ninth Circuit Grapples With The Arbitrability And Unconscionability Of Mmwa Claims, Amanda Miller

Arbitration Law Review (2009 - Present)

No abstract provided.

When A Waiver Isn't Really A Waiver: Eleventh Circuit Establishes New Standard For Waiver Of Right To Arbitrate After Filing Of Amended Complain, Dustin Morgan

Arbitration Law Review (2009 - Present)

No abstract provided.

Arbitration And The Marcellus Shale, Zach Morahan

Arbitration Law Review (2009 - Present)

No abstract provided.

Off The Reservation: Native American Tribes Reasserting Sovereign Immunity To Trump Arbitration Agreements, Devin Ryan

Arbitration Law Review (2009 - Present)

No abstract provided.

For Better Or Worse: Surviving Divorce Through Alternative Dispute Resolution, Teleicia J. Rose

Arbitration Law Review (2009 - Present)

No abstract provided.

Mediation In Political Conflicts: Soft Power Or Counter Culture, Michelle Polato

Arbitration Law Review (2009 - Present)

No abstract provided.

Does At&T; Mobility Llc V. Concepcion Justify The Arbitration Fairness Act?, Steven C. Bennett

Arbitration Law Review (2009 - Present)

No abstract provided.

Are Arbitrators Right Even When They Are Wrong?: Second Circuit Upholds Arbitral Ruling Allowing Implicit Reference To Class Arbitration, Dustin Morgan

Arbitration Law Review (2009 - Present)

No abstract provided.

The Pca's Optional Rules For Arbitration Of Disputes Relating To Outer Space Activities: Bringing Arbitration To Infinity And Beyond, Jesse Baez

Arbitration Law Review (2009 - Present)

No abstract provided.

Seventh Circuit Comes To Arbitrator's Defense In Clarifying Narrow Scope Of Arbitrator 'Evident Partiality' Under Section 10 Of The Federal Arbitration Act, Mallary Willat

Arbitration Law Review (2009 - Present)

No abstract provided.

Tenth Circuit Affirms The District Court's Original Decision To Compel Arbitration In An Appeal Made By The Appellant After Losing In Arbitration, Skipper Dean

Arbitration Law Review (2009 - Present)

No abstract provided.

Fundamentals Of Labor Arbitration, Christen L. Rafuse

Arbitration Law Review (2009 - Present)

No abstract provided.

Arbitrator Behaviour In Asymmetrical Adjudication: An Empirical Study Of Investment Treaty Arbitration, Gus Van Harten

Osgoode Hall Law Journal

The study examines arbitrator behaviour in the unique context of investment treaty arbitration. It employs the method of content analysis to test hypotheses of systemic bias in the resolution of jurisdictional issues in investment treaty law. Unlike earlier studies, the study examines trends in legal interpretation instead of case outcomes and finds statistically significant evidence that arbitrators favour: (1) the position of claimants over respondent states and (2) the position of claimants from major Western capital-exporting states over claimants from other states. There is a range of possible explanations for the results and further inferences are required to connect the …

Quantifying The Economic Benefits Of Effective Redress: Large E-Commerce Data Sets And The Cost-Benefit Case For Investing In Dispute Resolution, Colin Rule

University of Arkansas at Little Rock Law Review

Demonstrating the economic benefit of investments in fair and effective redress systems has been one of the greatest challenges for dispute resolution. This article uses results from large e-commerce data sets to demonstrate the quantifiable benefit in of investments in effective dispute resolution processes. Specifically, the data is based not on user-reported satisfaction, which can be unreliable, but instead on an analysis of the actual behavior of users before and after a dispute event. The result is hard evidence of the economic benefits from the deployment of effective redress processes, which is relevant to e-commerce service providers, as well as …

Leveling Up To Immersive Dispute Resolution (Idr) In 3-D Virtual Worlds: Learning And Employing Key Idr Skills To Resolve In-World Developer-Participant Conflicts, Lucille M. Ponte

University of Arkansas at Little Rock Law Review

This article proposes a new conflict resolution approach called "immersive dispute resolution" (IDR) through the use of existing communication and graphical technology in 3-D virtual worlds as well as the collaborative and strategic thinking skills virtual world participants acquire in digital experiences. Specifically, this article begins by discussing research on learning in virtual worlds, with an emphasis on key collaborative conflict resolution skills accumulated through play in virtual environments. Next, this article discusses current dispute resolution processes available in certain 3-D worlds which fail to leverage the technology or collaborative skills available in these environments, and finishes with a call …

Building Bridges To Remedies For Consumers In International Conflicts, Amy J. Schmitz

University of Arkansas at Little Rock Law Review

This essay addresses the lack of consumer remedy mechanism, and attempts to open consideration of expanded use of online processes for resolving business-to-consumer (B2C) eConflicts. Specifically, the essay attempts to highlight the problems created by problematic and uncertain enforcement of B2C arbitration, and proposes the use of the Internet to create fair and globally enforceable Online Dispute Resolution and Online Arbitration (OArb) mechanisms. These mechanisms would capitalize on the growth and efficiency of the Internet while protecting consumers from burdensome and/or expensive procedures that render existing remedies meaningless.

The essay begins by discussing the importance of fair and accepted B2C …

An Empirical Study Of Predispute Mandatory Arbitration Clauses In Social Media Terms Of Service Agreements, Michael L. Rustad, Richard Buckingham, Diane D’Angelo, Katherine Durlacher

University of Arkansas at Little Rock Law Review

This Article is the first empirical study of the use of predispute mandatory arbitration clauses by social networking sites (SNSs) and sheds light on whether SNSs are using arbitration clauses strategically in order to complete a "liability-free" zone in cyberspace. Our empirical findings reveal that SNS arbitration clauses contravene many of the basic principles deemed indispensable for a fundamentally fair process for consumers to obtain civil recourse for recognized torts and remedies for contract disputes. Congress needs to prohibit predispute mandatory arbitration clauses in terms of service agreements and privacy policies.

Evaluating Public Access Ombuds Programs: An Analysis Of The Experiences Of Virginia, Iowa And Arizona In Creating And Implementing Ombuds Offices To Handle Disputes Arising Under Open Government Laws , Daxton R. Stewart

Journal of Dispute Resolution

The article begins with a review of literature regarding ombuds, public access laws, and dispute systems design. It follows with case studies of the development of public access ombuds offices in Virginia, Iowa, and Arizona. Finally, this article draws conclusions from those experiences, offering guidance to aid other jurisdictions in designing their own ombuds programs.