Dispute Resolution and Arbitration Commons^™

Retaliation Or Arbitration – Or Both: The 1978 United States-France Aviation Dispute, Lori Fisler Damrosch

Faculty Scholarship

It began as a very small dispute. Pan American World Airways planned to introduce a service from San Francisco to Paris with a stop in London, using a Boeing 747 aircraft from San Francisco to London and a smaller Boeing 727 aircraft from London to Paris. The change to a smaller plane would have enabled the most efficient and economic use of Pan Am's fleet. In aviation as in railroad terminology, a change along a route to equipment of a different size is called a "change of gauge."

In accordance with French law, Pan Am filed a schedule on February …

Compelling Arbitration And The Judicial Review Of Arbitral Awards, Alan C. Swan

University of Miami Inter-American Law Review

No abstract provided.

The Conduct Of International Arbitration, Sanuek V. Goekjian

University of Miami Inter-American Law Review

No abstract provided.

The Judicial Resolution Of Legal Disputes In The Integration Movements Of The Hemisphere, David J. Padilla

University of Miami Inter-American Law Review

No abstract provided.

Litigation And Mediation In Thailand, Sally Falk Moore

Michigan Law Review

A Review of Code and Custom in a Thai Provincial Court by David M. Engel

Social Policy In Title Vii Arbitrations, Steven R. Wolfson

Kentucky Law Journal

No abstract provided.

Kentucky Law Survey: Remedies, Jillena Warner

Kentucky Law Journal

No abstract provided.

Contractual Agreements To Arbitrate Disputes: Waiver Of The Right To Compel Arbitration, Frederick Mark Gedicks

Faculty Scholarship

No abstract provided.

Cyprus And The U.N.: A Case For Non-Military Collective Measures, Christina K. Navarro

Indiana Law Journal

No abstract provided.

Finality And Fairness In Grievance Arbitration : Whether Allegations Of Unfair Representation Justify Termination Of Arbitration

BYU Law Review

No abstract provided.

The Fate Of Arbitration In The Supreme Court: An Examination, George Wm. Moss Iii

Loyola University Chicago Law Journal

No abstract provided.

Judicial Review Of Labor Arbitration Awards: A Second Look At Enterprise Wheel And Its Progeny, Theodore J. St. Antoine

Book Chapters

Logic, so the cliche goes, is not the life of the law. But logic is very much like the DNA of the law-the structural principle without which all is sprawl and muddle. In the last ten years a controversy has raged over the role of the labor arbitrator in issuing awards, and the role of the courts in reviewing and enforcing those awards. This controversy has largely taken the form of a continuing debate among scholars and practicing arbitrators at the annual meetings of the National Academy of Arbitrators. With due respect to the thoughtful and experienced persons who have …

The Integrity Of The Arbitral Process, Roger I. Abrams

Michigan Law Review

Over twenty years ago Dean Shulman and Professor Cox debated through the pages of the Harvard Law Review the question of the role law should play in labor arbitration. Shulman urged "that the law stay out," while Cox argued that courts would come to understand the special nature of the arbitration process and would accordingly limit the extent of judicial intervention. The impact of their discussion has, of course, been mooted by the numerous judicial decisions implanting private arbitration within the federal law of the collective agreement. From the Supreme Court has come a formidable legal superstructure for the labor …

Judicial Review Of Labor Arbitration Awards: A Second Look At Enterprise Wheel And Its Progeny, Theodore J. St. Antoine

Articles

Logic, so the cliche goes, is not the life of the law. But logic is very much like the DNA of the law-the structural principle without which all is sprawl and muddle. In the last ten years a controversy has raged over the role of the labor arbitrator in issuing awards, and the role of the courts in reviewing and enforcing those awards. This controversy has largely taken the form of a continuing debate among scholars and practicing arbitrators at the annual meetings of the National Academy of Arbitrators. With due respect to the thoughtful and experienced persons who have …

Arbitration Awards In Federal Sector Public Employment: The Compelling Need Standard Of Appellate Review, Gerrit M. Steenblik

BYU Law Review

No abstract provided.

The Revised Hague Rules On Bills Of Lading, Gabriel M. Wilner

Scholarly Works

In what amounts to a proposed new Convention to replace the "Hague Rules," the United Nations Commission on International Law (UNCITRAL) has included an Article (22) authorizing parties to a contract for the carriage of goods to provide for arbitration of disputes arising therefrom. States which become parties to the Convention would be required to give effect to such a contract. The proposed Convention gives the plaintiff much the same options with respect to either the judicial or the arbitral forum. These options as to locale tend to favor the defending party -- usually the carrier. On the other hand, …

Arbitration Of Medical Malpractice Claims: Is It Cost Effective?, Duane H. Heintz

Maryland Law Review

No abstract provided.

Book Review, Nicholas A. Sims

Vanderbilt Journal of Transnational Law

It is a pleasure to welcome a well-written book on arms control, and one, moreover, that has grown out of the exigencies of an undergraduate course and is designed to meet the needs of students. Because INTERNATIONAL ARMS CONTROL: ISSUES AND AGREEMENTS was the work of several hands, its lucidity and consistency are the more admirable. Comprehensive in scope, it goes just far enough in setting arms control in its various contexts (political, military, cultural, and ethical) without straying out of bounds. It raises a multitude of questions without pretending to answer them all. I found it refreshing to read …

Labor Law—Arbitration And Award—Limits To Arbitral Authority And A Standard Of Review For Arbitral Awards Against Successor Employers—United Steelworkers V. United States Gypsum Co., 492 F.2d 714 (5th Cir.), Cert. Denied 419 U.S. 998 (1974), Eric Richter

Washington Law Review

In United Steelworkers v. United States Gypsum Co. the Court of Appeals for the Fifth Circuit reviewed an arbitral award against a successor employer. In so doing, the court applied the doctrine which traditionally has governed arbitration awards against parties who have contracted to arbitrate. This note will examine the arbitral process in Gypsum against the background of the successor's duty to arbitrate and the standards evolved to govern this arbitration process. It concludes that the special circumstances under which the successor employer faces arbitration require imposition of cognizable limits on the authority of the arbitrator, subject to the review …

Fotochrome, Inc. V. Copal Company Limited, Theresa Lawler

Maryland Journal of International Law

No abstract provided.

Political Aspects Of Public Sector Interest Arbitration, Joseph R. Grodin

Faculty Scholarship

No abstract provided.

The Law Of The Sea Conference: Dispute Settlement In Perspective, John K. Gamble, Jr.

Vanderbilt Journal of Transnational Law

On March 15, 1976, the Third United Nations Law of the Sea Conference reconvened in New York City. The task of this Conference, drafting a new and comprehensive law of the sea treaty, is enormous. At the very least the new treaty will modify many of the traditional patterns for use and control of hydrospace. There is no doubt that coastal states will achieve the right to exercise control over all resources within 200 nautical miles of their coasts. If this contingency is not implemented by treaty, then it will be reached by unilateral claims to these zones. Agreeing on …

The Right To Engage In Concerted Activity After, Union Recognition: A Study Of Legislative History, Staughton Lynd

Indiana Law Journal

No abstract provided.

Bargaining And Discussion-Is It A Happy Marriage?, Barbara W. Doering

Indiana Law Journal

Symposium: A Year of Teacher Bargaining in Indiana

Commentary (Bargaining And Discussion-Is It A Happy Marriage?), Richard J. Darko

Indiana Law Journal

Symposium: A Year of Teacher Bargaining in Indiana

Commentary (Bargaining And Discussion-Is It A Happy Marriage?), Doyle Mcallister

Indiana Law Journal

Symposium: A Year of Teacher Bargaining in Indiana

Commentary (Bargaining And Discussion-Is It A Happy Marriage?), Robert W. Rund

Indiana Law Journal

Symposium: A Year of Teacher Bargaining In Indiana

Commentary (Bargaining And Discussion-Is It A Happy Marriage?), Leland B. Cross Jr.

Indiana Law Journal

Symposium: A Year of Teacher Bargaining In Indiana

The Division Of Legal Labor In Rural Haiti, Pnina Lahav

Faculty Scholarship

This paper explores the institutional facilities available to Haitian peasants for the settlement of their disputes. More specifically, it compares the institution of the Chef de Section - the lowest administrative appointee in the Haitian countryside and the Justice of the Peace - the lowest ranking judicial institution provided by the Haitian legal system. The paper further advances the hypothesis that at the present time there is a shift in the division of labor between the two institutions, in favor of the Justice of the Peace, and that this shift may be attributed to processes of social differentiation currently detectable …

Origin Of Jeofail, M. P. Furmston

Dalhousie Law Journal

In their interesting note on the origin of "Jeofail",' Doctors Baker and Arnold suggest that the word is derived from jeu-faille (= game-fail) and say that "A 'game-fail' in chess was presumably a stalemate; neither party could win, so the game failed or ended. "2 Since it has long been known that "jeopardy" has a chess origin3 (either from the old French "jeu parti" or the Latin "jocus partitus" = game in the balance and hence an uncertain chance) this explanation has an obvious attraction. Indeed in view of the alphabetical work habits of-lexicographers it is surprising that the suggestion …