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Arbitration

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Articles 391 - 420 of 1165

Full-Text Articles in Dispute Resolution and Arbitration

Interlocutory Review Of Litigation-Avoidance Claims: Insights From Appeals Under The Federal Arbitration Act, Roger J. Perlstadt Jun 2015

Interlocutory Review Of Litigation-Avoidance Claims: Insights From Appeals Under The Federal Arbitration Act, Roger J. Perlstadt

Akron Law Review

Part I of this article outlines and critiques current law on stays pending appeal of refusals to enforce purported arbitration agreements. Part II proposes a simple analysis of expected error costs to determine whether to stay litigation pending interlocutory appeal of rejections of litigationavoidance claims. This analysis looks to (1) potential harm to plaintiffs of erroneously staying litigation pending appeal, (2) potential harm to defendants of erroneously refusing to stay litigation pending appeal, and (3) the likelihood of each of those types of harms arising, which is based on the likelihood that the district court’s denial of the litigation avoidance …

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2014 Qualifying Offers Draft Selections, Edmund P. Edmonds Jun 2015

2014 Qualifying Offers Draft Selections, Edmund P. Edmonds

Free Agent Compensation

No abstract provided.

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2014 Arbitration Hearings Chart, Edmund P. Edmonds Jun 2015

2014 Arbitration Hearings Chart, Edmund P. Edmonds

Annual Hearings Charts

No abstract provided.

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Mlb Calendar 2015-2016, Edmund P. Edmonds Jun 2015

Mlb Calendar 2015-2016, Edmund P. Edmonds

MLB Calendars

No abstract provided.

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Vacating Awards Under The Wisconsin Arbitration Act And The Federal Arbitration Act, Ralph Anzivino Jun 2015

Vacating Awards Under The Wisconsin Arbitration Act And The Federal Arbitration Act, Ralph Anzivino

Marquette Law Review

Arbitration has become one of the primary means for parties to resolve their legal disputes. Unlike a court proceeding, however, the grounds for vacating an arbitration award are quite narrow and specific. The purpose of this Article is to identify and explain the five major ways to vacate an arbitration award under the Federal Arbitration Act and the Wisconsin Arbitration Act. The first way is to challenge whether the parties contractually agreed to arbitrate the dispute. The specific challenge is to the scope of the contract or the scope of the arbitration clause in the contract. The second is to …

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Lord Mustill And The Channel Tunnel Case, William W. Park Jun 2015

Lord Mustill And The Channel Tunnel Case, William W. Park

Faculty Scholarship

Over two decades ago, in the now legendary Channel Tunnel Case, the British House of Lords (as it then was) was asked to provide judicial support for the efficient completion of a monumental construction project. The decision in that matter, penned by the late Lord Mustill, illustrates the delicate interplay between the dynamics of otherwise applicable law and the bespoke arbitration framework chosen by sophisticated parties to govern their dispute.

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Foreign Investment In The People's Republic Of China: Compensation Trade, Joint Ventures, Industrial Property Protection And Dispute Settlement, Kevin K. Maher May 2015

Foreign Investment In The People's Republic Of China: Compensation Trade, Joint Ventures, Industrial Property Protection And Dispute Settlement, Kevin K. Maher

Georgia Journal of International & Comparative Law

No abstract provided.

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Is The Albert H Kritzer Database Telling Us More Than We Know?, Thomas Neumann May 2015

Is The Albert H Kritzer Database Telling Us More Than We Know?, Thomas Neumann

Pace International Law Review

This article is the first in a series of articles attempting to provide a geographical and temporal overview of the application practice of the United Nations Convention on Contracts for the International Sale of Goods (CISG). In this first article, the success of CISG is explored. The article develops the idea of using the Albert H. Kritzer Database to achieve an overview of the success of the Convention in practice. It is argued that the success of the Convention is useful to measure by its uniformity in practice, and therefore a set of criteria relating to the Convention’s application by …

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Criminal Responsibility For Arbitrators In Chinese Law: Perversion Of Law In Commercial Arbitration, Duan Xiaosong May 2015

Criminal Responsibility For Arbitrators In Chinese Law: Perversion Of Law In Commercial Arbitration, Duan Xiaosong

Pace International Law Review

This article is prompted by a recent Chinese criminal provision governing the impartiality of arbitration. The goals of the article fare to critically examine the new criminal statute created by the provision and to put forward some proposals for reform, which could be employed to resolve the tension that exists between arbitrator impartiality and deference to arbitration. Although the new provision appears to eliminate the abuse of arbitral power, it may raise more questions than it resolves. This article explores the problems and undertakes a comparative analysis of the corresponding U.S. provision, as well as an analysis of some cultural …

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Arbitration Case Law Update 2015, Jill I. Gross May 2015

Arbitration Case Law Update 2015, Jill I. Gross

Elisabeth Haub School of Law Faculty Publications

This chapter identifies decisions by the U.S. Supreme Court and selected federal circuit and high state courts in the past year that interpret and apply the Federal Arbitration Act (FAA) and could have an impact on securities arbitration practice.

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The Health Of International Arbitration: Counterpoise And Common Sense, William W. Park Apr 2015

The Health Of International Arbitration: Counterpoise And Common Sense, William W. Park

Shorter Faculty Works

No abstract provided.

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Product Liability Law In Japan: An Introduction To A Developing Area Of Law, Younghee Jin Ottley, Bruce L. Ottley Mar 2015

Product Liability Law In Japan: An Introduction To A Developing Area Of Law, Younghee Jin Ottley, Bruce L. Ottley

Georgia Journal of International & Comparative Law

No abstract provided.

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Pirates Players Arbitration Results, Edmund P. Edmonds Feb 2015

Pirates Players Arbitration Results, Edmund P. Edmonds

Team - Player Results

No abstract provided.

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Seattle Mariners Arbitration Hearings Chart, Edmund P. Edmonds Feb 2015

Seattle Mariners Arbitration Hearings Chart, Edmund P. Edmonds

Team Hearing Charts

No abstract provided.

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Baltimore Orioles Arbitration Hearings Chart, Edmund P. Edmonds Feb 2015

Baltimore Orioles Arbitration Hearings Chart, Edmund P. Edmonds

Team Hearing Charts

No abstract provided.

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Mariners Players Arbitration Results, Edmund P. Edmonds Feb 2015

Mariners Players Arbitration Results, Edmund P. Edmonds

Team - Player Results

No abstract provided.

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Orioles Players Arbitration Results, Edmund P. Edmonds Feb 2015

Orioles Players Arbitration Results, Edmund P. Edmonds

Team - Player Results

No abstract provided.

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Vernon, Gil Arbitration Chart, Edmund P. Edmonds Feb 2015

Vernon, Gil Arbitration Chart, Edmund P. Edmonds

Arbitrator Charts

No abstract provided.

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Edelman, Howard Arbitration Chart, Edmund P. Edmonds Feb 2015

Edelman, Howard Arbitration Chart, Edmund P. Edmonds

Arbitrator Charts

No abstract provided.

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Colorado Rockies Arbitration Hearings Chart, Edmund P. Edmonds Feb 2015

Colorado Rockies Arbitration Hearings Chart, Edmund P. Edmonds

Team Hearing Charts

No abstract provided.

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Rockies Players Arbitration Results, Edmund P. Edmonds Feb 2015

Rockies Players Arbitration Results, Edmund P. Edmonds

Team - Player Results

No abstract provided.

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Nationals Players Arbitration Results, Edmund P. Edmonds Feb 2015

Nationals Players Arbitration Results, Edmund P. Edmonds

Team - Player Results

No abstract provided.

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Irvings, Mark Arbitration Chart, Edmund P. Edmonds Feb 2015

Irvings, Mark Arbitration Chart, Edmund P. Edmonds

Arbitrator Charts

No abstract provided.

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Harmonizing Third-Party Litigation Funding Regulation, Victoria Sahani Feb 2015

Harmonizing Third-Party Litigation Funding Regulation, Victoria Sahani

Faculty Scholarship

Third-party litigation funding is no longer a new phenomenon, but rather is a mainstay in global commerce and dispute resolution. Yet many observers still consider the third-party litigation funding industry as a “wild west” due to a lack of regulation in many countries. Some of the countries that have regulations suffer from a lack of uniformity and an array of conflicting laws at the sub-national level (i.e., the laws of states, provinces, territories, etc.). For example, the United States has a confusing patchwork of state laws on third-party litigation funding. This Article proposes harmonizing the regulatory framework for third-party litigation …

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Faith-Based Private Arbitration As A Model For Preserving Rights And Values In A Pluralistic Society, Michael J. Broyde Jan 2015

Faith-Based Private Arbitration As A Model For Preserving Rights And Values In A Pluralistic Society, Michael J. Broyde

Chicago-Kent Law Review

This article discusses private arbitration in religious and values-oriented communities. Using contract law as the foundation for arbitration law, religious arbitration panels can function almost like courts so long as the government can assure basic fairness and proper procedures, while allowing the parties to resolve their private dispute as the parties wish. This article explains that to be enforced, these private courts must meet the procedural requirements set by the Federal Arbitration Act, but American arbitration law is not generally concerned with the substantive law used by these tribunals, although this article recommends practices that religious tribunals ought to adopt …

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Religious Law, Family Law And Arbitration: Shari'a And Halakha In America, Mohammad H. Fadel Jan 2015

Religious Law, Family Law And Arbitration: Shari'a And Halakha In America, Mohammad H. Fadel

Chicago-Kent Law Review

The possibility that Muslims might use private arbitration as a forum in which their family law disputes could be settled according to the principles of Islamic law has generated substantial controversy, with one liberal democracy, Canada, even taking affirmative steps to insure that religious-based arbitration of family law disputes are denied legal recognition. This paper argues that such moves are ill-considered. From the perspective of political liberalism, the arbitration of family law disputes within a framework of religious law, provided that the arbitration is subject to review by a public court for conformity with public policy, is an ideal tool …

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Between Law And Religion: Procedural Challenges To Religious Arbitration Awards, Michael A. Helfand Jan 2015

Between Law And Religion: Procedural Challenges To Religious Arbitration Awards, Michael A. Helfand

Chicago-Kent Law Review

This Article explores the unique status of religious law as a hybrid concept that simultaneously retains the characteristics of both law and religion. To do so, the Article considers as a case study how courts should evaluate procedural challenges to religious arbitration awards. To respond to such challenges, courts must treat religious law as law when defining the contractually adopted religious procedural rules, but treat religious law as religion when reviewing precisely what the religious procedural rules require. On this account, constitutional and arbitration doctrine combine to insulate religious arbitration awards from judicial scrutiny even on procedural grounds, leaving courts …

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Kompetenz-Kompetenz: Varying Approaches And A Proposal For A Limited Form Of Negative Kompetenz-Kompetenz, Ashley Cook Jan 2015

Kompetenz-Kompetenz: Varying Approaches And A Proposal For A Limited Form Of Negative Kompetenz-Kompetenz, Ashley Cook

Pepperdine Law Review

This paper analyzes differing views and approaches to kompetenz-kompetenz and proposes a workable framework of kompetenz-kompetenz for the future. Part II provides an overview of the general principle of kompetenz-kompetenz, discussing the views of some of the leading international commercial arbitration scholars on kompetenz-kompetenz. Part III analyzes the approaches taken by the United States and the United Kingdom and uses them as helpful illustrations of kompetenz-kompetenz in practice. Part IV notes the shortcomings of the aforementioned approaches and proposes a limited form of negative kompetenz-kompetenz as the solution.

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Justice Scalia's Hat Trick And The Supreme Court's Flawed Understanding Of Twenty-First Century Arbitration, Jill I. Gross Jan 2015

Justice Scalia's Hat Trick And The Supreme Court's Flawed Understanding Of Twenty-First Century Arbitration, Jill I. Gross

Elisabeth Haub School of Law Faculty Publications

In this article, I report on the results of my close examination of more than two dozen opinions the Court has handed down interpreting the FAA--arising primarily from commercial, consumer, employment, or securities disputes--since the beginning of the twenty-first century only fifteen years ago.19 I focus on cases in which the Court was asked to decide a question of arbitrability--whether a claim is arbitrable or whether an agreement to arbitrate is enforceable under FAA section 2. I have concluded that these decisions are built on a narrative of an arbitration process that no longer exists, although it may have existed …

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Arbitration Whack-A-Mole: The Federal Policy Favoring Arbitration Hammers The Rights Of Individual Employees, Spring E. Taylor Jan 2015

Arbitration Whack-A-Mole: The Federal Policy Favoring Arbitration Hammers The Rights Of Individual Employees, Spring E. Taylor

Journal of Dispute Resolution

In a country that protects the plaintiff's right to a day in court, it only seems natural that Sally should have the opportunity to take her cause to the courthouse. But the strong fedral presumption that supports the enforcement of arbitration provisions is like a hammber that pushes plaintiffs like Sally and those if Huffman into the arbitration arena. In Huffman, the Sixth Circuit rescued an employwer from an ambiguous arbitration provision contained in the employer-drafted employment agreement and enforced the arbitration provision as one of the provisions to survive expiration of the contract, even though it was not listed …

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