Dispute Resolution and Arbitration Commons^™

Commercial Arbitration In Federal Courts, James F. Nooney

Vanderbilt Law Review

With increasing frequency attorneys are confronted with disputes arising under commercial contracts which contain arbitration agreements. Before the attorney can advise the client as to his legal position and recommend a course of conduct, he must interpret the effect of the arbitration agreement. Often the first question for the attorney is whether the client (or, in turn, the opposing party) can be forced to arbitrate. The answer depends upon whether agreements to arbitrate future disputes are enforceable under the law applicable to the transaction. Where both parties to the contract are citizens of the same state, the answer is readily …

Labor Arbitration: A Dissenting View, By Paul R. Hays (1966), Robert S. Hunt

Washington Law Review

No abstract provided.

Labor Arbitration: A Dissenting View, By Paul R. Hays (1966), Robert S. Hunt

Washington Law Review

No abstract provided.

Arbitration In U.S./Japanese Sales Disputes, Taro Kawakami, Dan Fenno Henderson

Washington Law Review

But one area where the usefulness of arbitration is recognized almost universally is international business such as U.S./Japanese sales under discussion here. On reflection the reasons are not altogether happy ones, for most of the benefits as seen by the proponents of arbitration seem to flow largely from the inadequacies of litigation, which are especially pronounced in the transnational context. What are some of the difficulties peculiar to transnational litigation? In the U.S./Japanese context they include: differences of jurisdictional requirements; uncertainty about which law will be found to govern an international contract under current choice-of-law rules; uncertainty even as to …

Arbitration Clauses And Fraudulent Inducement, Anon

Washington Law Review

Plaintiff and defendant entered into a contract containing a provision that "any controversy or claim arising out of or relating to this Agreement... shall be settled by arbitration." A dispute arose and defendant demanded arbitration. Plaintiff brought an action in federal district court to rescind the contract on the ground of fraudulent inducement, moving to stay arbitration. Defendant cross-moved to stay trial pending arbitration. The district court granted defendant's motion and denied plaintiff's. The Second Circuit Court of Appeals affirmed. Held: Unless there is an allegation that the arbitration provision itself was fraudulently induced, an issue of fraudulent inducement of …

Arbitration In U.S./Japanese Sales Disputes, Taro Kawakami, Dan Fenno Henderson

Washington Law Review

But one area where the usefulness of arbitration is recognized almost universally is international business such as U.S./Japanese sales under discussion here. On reflection the reasons are not altogether happy ones, for most of the benefits as seen by the proponents of arbitration seem to flow largely from the inadequacies of litigation, which are especially pronounced in the transnational context. What are some of the difficulties peculiar to transnational litigation? In the U.S./Japanese context they include: differences of jurisdictional requirements; uncertainty about which law will be found to govern an international contract under current choice-of-law rules; uncertainty even as to …

Arbitration Clauses And Fraudulent Inducement, Anon

Washington Law Review

Plaintiff and defendant entered into a contract containing a provision that "any controversy or claim arising out of or relating to this Agreement... shall be settled by arbitration." A dispute arose and defendant demanded arbitration. Plaintiff brought an action in federal district court to rescind the contract on the ground of fraudulent inducement, moving to stay arbitration. Defendant cross-moved to stay trial pending arbitration. The district court granted defendant's motion and denied plaintiff's. The Second Circuit Court of Appeals affirmed. Held: Unless there is an allegation that the arbitration provision itself was fraudulently induced, an issue of fraudulent inducement of …

Mao And Mediation: Politics And Dispute Resolution In Communist China, Stanley B. Lubman

Hong Yen Chang Center for Chinese Legal Studies

We lack much essential knowledge, not only about Chinese Communist legal institutions, but about Chinese society generally – how it is organized, how power is distributed and wielded, and the nature of even the most ordinary relationships. Such ignorance is dangerous, especially when China and the United States, and their perceptions of each other, remain tragically far apart. An analysis of China's institutions for resolving disputes can teach much about its dominant values and authority relationships.

This Article examines the resolution of disputes between individuals in China, relying on documentary sources and on interviews conducted by the author in Mandarin …

Peace-Keeping And Peace-Making--The Un In The Middle East, Robert D. Kamenshine

Vanderbilt Journal of Transnational Law

A UN official, commenting on the designation of Swedish diplomat Gunnar Jarring as the Security Council's representative to work for a Middle East peace, observed that both Ralph Bunche and Lester B. Pearson had already received Nobel Prizes for bringing peace to this region. If anything is to be learned from the most recent Middle East conflict, it is that a cessation of hostilities cannot be equated with a peace; that a true peace involves the resolution of basic conflicts of interests.

Almost from its very inception, the United Nations has been deeply involved in Middle East problems. Just over …

The Labor Board And The Arbitrators, Theodore J. St. Antoine

Other Publications

The Labor Relations Law Section of the State Bar of Michigan held its second program of the current year, from May 27 through May 30, 1967 on Mackinaw Island, on a variety of subject matters with excellent presentations by the resource people conducting each of the various symposiums. Those who were unable to be present in this joint venture of pleasure and legal presentations will be able to at least vicariously "gather in the sheaves" of the legal wisdom disseminated during the program by the report contained herein. For those who were fortunate enough to attend plus those who didn't, …

The Lawyer As A Negotiator: An Adventure In Understanding And Teaching The Art Of Negotiation, James J. White

Articles

In the fall of 1965 we enlisted experience as a teacher in an experimental seminar called "The Lawyer as a Negotiator." We gave the students experience not by simulation but by making them negotiate with one another for their grades in the course. In this as in many other "experience" courses the teaching supplement consisted of readings and of classroom participation by the students and teachers. However the supplement differed from the standard trials and appeals or legal writing course in that a psychiatrist was a full partner in the teaching and in the discussion and analysis of the student …

Use Of An Arbitration Clause As A Defense To 8(A)(5) Charge Resulting From The Employer's Refusal To Bargain When Acting Unilaterally With Respect To A Mandatory Subject Of Collective Bargaining

Indiana Law Journal

No abstract provided.

Review Of Better Settlements -- Through Leverage, By P. J. Hermann. , James J. White

Reviews

Who ever learned to negotiate from a book? Probably no one, and one who seeks the kernel of wisdom which will make him an expert negotiator, who seeks the password for admittance to the negotiator's sanctum sanctorum-that person will hunt in vain through the pages of Mr. Hermann's book. I do not mean to suggest either that Mr. Hermann has withheld something in his power to reveal or that he has explicitly promised such a revelation. Rather, I suggest a flaw either in our perception and analysis or in our verbal skills. One of them, probably our perception and analysis, …

Awarding Interest In Labor Arbitration Cases, James E. Youngdahl

Kentucky Law Journal

No abstract provided.

Determining The Law Governing Performance In International Commercial Arbitration: A Comparative Study, Gabriel M. Wilner

Scholarly Works

Persons entering into commercial agreements of a transnational nature have often shown a preference for the arbitration tribunal rather than the court of law as the instrument for settling disputes which may arise between them.

The parties, who may be either individuals or legal persons, such as corporations, manifest their desire to employ arbitration by providing for its use in the arbitration clause of the contract. It is generally agreed that such a clause, whether or not it is considered as part of the main contract, is consensual in nature. But the significance of the agreement to arbitrate is determined …

Developments In Space Law, Albert Gore

Vanderbilt Law Review

A democratic society could not long endure without the voluntary support of its citizens of application of legal proceedings for settlement of disputes. Perhaps few take the time to consider the extent to which our daily lives are affected by the judicial machinery which a free people have established. Here I refer not merely to the deterrent effect of criminal laws by which we deal with offenses against society. I refer also to our system for the legal settlement of controversies arising between individuals. After all, without our courts and our lawyers, questions involving tort and breach of contract would …

A Standard For Arbitrators In Subcontracting Disputes

Indiana Law Journal

No abstract provided.

The Labor Arbitration Process: 1943-1963, R. W. Fleming

Kentucky Law Journal

No abstract provided.

Arbitration—Consolidation Of Arbitration Proceedings Under New York Law, Richard S. Mayberry

Buffalo Law Review

In the Matter of Symphony Fabrics Corp. [Bernson Silk Mills], 12 N.Y.2d 409, 190 N.E.2d 418, 240 N.Y.S.2d 23 (1963).

Reflections On The Nature Of Labor Arbitration, R. W. Fleming

Michigan Law Review

The use of arbitration as a means of settling labor-management disputes has increased steadily in the past twenty years. Recent decisions of the Supreme Court have underlined the importance of the process. The natural tendency is to compare labor arbitration with the court system as an adjudicatory process. There are, however, significant differences between the two, and this needs to be better understood.

An intelligent evaluation of the differences, and of the labor arbitration tribunal in general, can be made only after an exploration of its origin and history, and after some consideration of the kinds of cases which are …

Arbitration—Questions, Whether Grievance Atually Concerned Rehiring Or Discharge, Whether Delay In Seeking Order To Arbitrate Amounted To Abandonment Of Claim, Are For Arbitrator, Timothy C. Leixner

Buffalo Law Review

Carey v. Westinghouse Electric Corp., 11 N.Y.2d 452, 184 N.E.2d 298, 230 N.Y.S.2d 703 (1962).

Arbitration—Appointees On Tripartite Arbitration Board Allowed To Be Partial To The Views Of Parties Who Select Them, Louis H. Siegel

Buffalo Law Review

In the Matter of Astoria Medical Group, 11 N.Y.2d 128, 182 N.E.2d 85, 227 N.Y.S.2d 401 (1962).

Arbitration Clauses In Separation Agreements

Washington and Lee Law Review

No abstract provided.

Plant Removal And The Survival Of Seniority Rights: The Glidden Case

Indiana Law Journal

No abstract provided.

Jurisdictional Expansion In Commercial Arbitration

Washington and Lee Law Review

No abstract provided.

Arbitration—Arbitrator To Decide Extent Of Damages, Joseph Demarie

Buffalo Law Review

DeLaurentiis v. Cinematografica, Etc., 9 N.Y.2d 503, 215 N.Y.S.2d 60 (1961).

Arbitration—Stay Of Proceedings Brought Before Federal Administrative Agency In Violation Of Arbitration Agreement, Joseph Demarie

Buffalo Law Review

S. M. Wolff Co. v. Tulkoff, 9 N.Y.2d 356, 214 N.Y.S.2d 374 (1961), reversing 11 A.D.2d 656, 203 N.Y.S,2d 1020 (1st Dep't 1960).

Arbitration—Arbitrable Issue Present As To Content And Meaning Of General Release, Buffalo Law Review Board

Buffalo Law Review

Bronston v. Glassman, 10 N.Y. 2d 158, 218 N.Y.S.2d 645 (1961).

Arbitration—Petitioner, By Participating In Arbitration Proceedings, Waives Right To Claim That Dispute Is Not Arbitrable, Joseph Demarie

Buffalo Law Review

National Cash Register Co. v. Wilson, 8 N.Y.2d 377, 208 N.Y.S.2d 951 (1960).

Arbitration—Arbitrator To Decide Issue Concerning Mutuality Of Arbitration Contract, Joseph Demarie

Buffalo Law Review

Exercycle Corp. v. Maratta, N.Y.2d 329, 214 N.Y.S.2d 353 (1961).