Dispute Resolution and Arbitration Commons^™

Foreward

Arbitration Law Review (2009 - Present)

No abstract provided.

Judicial Review Of Mediated Settlement Agreements: Improving Mediation With Consent, Jacqueline M. Nolan-Haley

Arbitration Law Review (2009 - Present)

No abstract provided.

Concluding Remarks, Thomas Carbonneau

Arbitration Law Review (2009 - Present)

No abstract provided.

Alternative Dispute Resolution And Social Media: How Mandatory Arbitration Clauses Impact Social Networking, Kelsey L. Swaim

Arbitration Law Review (2009 - Present)

No abstract provided.

Defusing Hydroelectric Brinkmanship: The Indus Waters Treaty's Alternative Dispute Resolution Provisions And Their Role In The Tenuous Peace Between India And Pakistan, Thomas E. Robins

Arbitration Law Review (2009 - Present)

No abstract provided.

Consumer Financial Services Arbitration: What Does The Future Hold After Concepcion?, Alan S. Kaplinsky, Mark J. Levin

Journal of Business & Technology Law

No abstract provided.

Jewish Law Courts In America: Lessons Offered To Sharia Courts By The Beth Din Of America Precedent, Michael J. Broyde

Faculty Articles

Although the BDA is now a fifty-year-old organization, its true metamorphosis as an arbitration panel began only in 1996 when it gained autonomy from the Rabbinical Council of America. In the fifteen years since, an independent board of directors has worked with the BDA’s rabbinic leaders to craft an arbitration process that secular courts would feel comfortable upholding. While the BDA’s transformation required some level of compromise within Jewish law itself, the adaptations necessary for judicial acceptance proved to be procedural. Broadly, this meant conforming to the tenets of the Federal Arbitration Act (FAA). More specifically, the BDA’s viability came …

Family Mediation After Hendershott: The Case For Uniform Domestic Violence Screening And Opt-In Provision In Montana, Eduardo R.C. Capulong

Faculty Law Review Articles

In Hendershott v. Westphal, the Montana Supreme Court held that § 40-4-301(2) of the Montana Code Annotated absolutely bars mediation in family law cases involving domestic violence. Yet neither the Court nor the statute prescribes a method by which to screen for such cases. In this article, the author argues that a uniform, statewide screening method is the only way by which to implement this policy. The author also argues that Hendershott should be interpreted narrowly and Montana should allow parties to opt in to mediation and other forms of alternative dispute resolution. The Court's understanding of domestic violence …

Executive Board

Arbitration Law Review (2009 - Present)

No abstract provided.

Weighing (In)Discretion On A Sliding Scale: California Appellate Court Hands Down An Expose Of Modern Approaches To Jurisdiction And Unconscionability, Anthony Rallo

Arbitration Law Review (2009 - Present)

No abstract provided.

Lawyers And Mediation, Brian Rans

Arbitration Law Review (2009 - Present)

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Like Oil And Vinegar, Sitting Judges And Arbitrators Do Not Mix: Delaware's Unique Attempt At Judicial Arbitration, Gellaine T. Newton

Arbitration Law Review (2009 - Present)

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I-Arbitration: Not The Newest Apple(R) Product, But Sharia Law In International Commercial Arbitration, Thomas Panighetti

Arbitration Law Review (2009 - Present)

No abstract provided.

Introduction, Nancy Welsh

Arbitration Law Review (2009 - Present)

No abstract provided.

Treaty Shopping And Expansive Jurisdiction: Causes And Effects Of Venezuela's Denunciation Of The Icsid Convention, Kathryn Rimpfel

Arbitration Law Review (2009 - Present)

No abstract provided.

Is Less Really More? Hall Street Associates, Private Procedural Ordering And Expanded Review Of Arbitral Awards In State Courts, Allen Blair

Arbitration Law Review (2009 - Present)

No abstract provided.

Combinations Of Mediation And Arbitration With The Same Neutral: A Framework For Judicial Review, Ellen E. Deason

Arbitration Law Review (2009 - Present)

No abstract provided.

Restricting The Reach Of The Federal Arbitration Act: South Carolina Supreme Court Applies State Law And Invalidates An Arbitration Agreement In A Residential Real Estate Transaction, Tiffany Bennett

Arbitration Law Review (2009 - Present)

No abstract provided.

Creating A 21st Century Oligarchy: Judicial Abdication To Class Action Mediators, James R. Coben

Arbitration Law Review (2009 - Present)

No abstract provided.

Asymmetric Dynamism And Acceptable Judicial Review Of Arbitration Awards, Jeffrey W. Stempel

Arbitration Law Review (2009 - Present)

No abstract provided.

Contested States And The Rights And Obligations Of The Jus Ad Bellum, Christian Henderson

Cardozo Journal of International and Comparative Law

The article examines the rights and obligations of contested states under the jus ad bellum, arguing that these entities, despite lacking widespread recognition as states, should be considered international legal persons. It challenges the traditional state-only conception of international personality and advocates for a recognition-based approach, which would extend the prohibition of the use of force and the right to self-defense to contested states. The analysis highlights the complexities and contradictions in applying these principles, particularly regarding collective self-defense, and suggests that a pragmatic interpretation could balance international peace and security with the legal protection of contested states.

Table Of Contents

Arbitration Law Review (2009 - Present)

No abstract provided.

Towards A Rules-Based Asean: The Protocol To The Asean Charter On Dispute Settlement Mechanisms, Hao Duy Phan

Arbitration Law Review (2009 - Present)

No abstract provided.

Has London Outmaneuvered The Italian Torpedo, Thomas Panighetti

Arbitration Law Review (2009 - Present)

No abstract provided.

How Nice To See You Again: The Repetitive Use Of Arbitrators And The Risk Of Evident Partiality, Drew J. Hushka

Arbitration Law Review (2009 - Present)

No abstract provided.

Broad Powers, Silent Intentions: Compelling Class Action Arbitration Without Express Authorization, Daivy P.E. Dambreville

Arbitration Law Review (2009 - Present)

No abstract provided.

The Accidental Preemption Statute: The Federal Arbitration Act And Displacement Of Agency Regulation, Maureen A. Weston

Arbitration Law Review (2009 - Present)

The Yearbook on Arbitration and Mediation’s 2013 Symposium focused on the role of the courts and judicial review in arbitration and mediation. Considering this question, this Article examines the command of the Federal Arbitration Act (FAA) for courts to enforce private agreements to arbitrate and to confirm arbitral awards as judgments subject to limited grounds for vacatur, as the public judicial system is invoked to revere private arbitration agreements and awards—at times at the expense of significant public policy challenges and the displacement of agency regulatory procedures specifically designed to address public policy concerns. In a series of decisions, …

Judicial Review: What Judges Write When They Write About Mediation, Jennifer W. Reynolds

Arbitration Law Review (2009 - Present)

Judges are uniquely positioned to comment on the phenomenon of court-connected mediation. Judges design and implement court systems with mediation components; they refer or order litigants into mediation; and they often serve as mediators themselves, either as part of their judicial duties or after retiring from the bench. Yet, ironically, there are few formal judicial opinions commenting on the procedural, ethical, and substantive issues around court-connected mediation today. When researching mediation, therefore, legal scholars who limit themselves to traditional legal sources will not have much to work with.

This Article identifies a new source of “judicial review” of mediation: judge-written …

Error Correction And Dispute System Design In Investor-State Arbitration, Andrea Kupfer Schneider

Arbitration Law Review (2009 - Present)

The current crisis in investor-state arbitration under the International Centre for Settlement of Investment Disputes (ICSID) system is the subject of commentary by both practitioners and scholars in the field. This Article first reviews the current status of ICSID arbitration by specifically using the Argentinean cases as examples of the ongoing legitimacy concerns that many countries have about ICSID. This Article seeks to explain the current crisis using theories of judicial review to understand how the annulment committee process and decisions are contributing to this crisis. The judicial theory of error correction, when utilized to review the recent annulment committee …

Bifurcated Proceedings In Illinois: Survivor Actions To Arbitration But Wrongful Death Claims To Litigation, Joshua Bower

Arbitration Law Review (2009 - Present)

No abstract provided.