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Dispute Resolution and Arbitration Commons

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Alternative Dispute Resolution In Montana: A Catalog Of The Local Rules In Montana District Courts, Brianna Anderson, Brock Flynn 2024 Alexander Blewett III School of Law at the University of Montana

Alternative Dispute Resolution In Montana: A Catalog Of The Local Rules In Montana District Courts, Brianna Anderson, Brock Flynn

Student Scholarship

A catalog of the Local ADR Rules for the Montana Judicial District Courts, including rules about settlement conferences, mediation, and informal domestic relations trials.


Lopez V. Cintas Corporation: Another Interstate Headache, Kyle Chrisman 2024 Texas A&M University School of Law

Lopez V. Cintas Corporation: Another Interstate Headache, Kyle Chrisman

Texas A&M Law Review

This Note analyzes a 2022 Fifth Circuit opinion concerning two issues: first, whether local delivery drivers are engaged in interstate commerce, and second, who decides challenges to arbitrability. In Lopez v. Cintas Corporation, the Fifth Circuit first held that local delivery drivers are not engaged in interstate commerce because they do not play a direct and necessary role in interstate commerce. Second, the court held that the arbitrator decides challenges to the validity of arbitrability when the challenge could also, if successful, attack the validity of the entire contract. The Fifth Circuit used incorrect reasoning, overemphasizing the crossing of …


The Intra-Eu Bit Dilemma And The Enforcement Of Awards Outside The Eu: A Solution For Investors After The Cjeu Shut The Door To Their Cases?, Denny Peixoto 2024 Penn State Law

The Intra-Eu Bit Dilemma And The Enforcement Of Awards Outside The Eu: A Solution For Investors After The Cjeu Shut The Door To Their Cases?, Denny Peixoto

Arbitration Law Review

No abstract provided.


Digital Hearings — In Arbitration And Litigation, Colby E. Scott 2024 Penn State Law

Digital Hearings — In Arbitration And Litigation, Colby E. Scott

Arbitration Law Review

No abstract provided.


The Multilateral Investment Court: Necessary Isds Reform Or Self-Fulfilling Prophecy?, Fahira Brodlija 2024 Penn State Law

The Multilateral Investment Court: Necessary Isds Reform Or Self-Fulfilling Prophecy?, Fahira Brodlija

Arbitration Law Review

No abstract provided.


Reigning In Infinite Consumer Arbitration Agreements: A Comment On The Eleventh Circuit's Calderon V. Sixt Rent A Car, Ava McCartin 2024 Penn State Law

Reigning In Infinite Consumer Arbitration Agreements: A Comment On The Eleventh Circuit's Calderon V. Sixt Rent A Car, Ava Mccartin

Arbitration Law Review

No abstract provided.


Consequences Of The Indian Gaming Regulatory Act On Arbitrability: A Comment On Seneca Nation Of Indians V. New York, Amy Zigarovich 2024 Penn State Law

Consequences Of The Indian Gaming Regulatory Act On Arbitrability: A Comment On Seneca Nation Of Indians V. New York, Amy Zigarovich

Arbitration Law Review

No abstract provided.


Federal District Courts May Not Assist Discovery Efforts In Connection With Proceedings Before Arbitral Tribunals Constituted Under The Icsid, Victor de Oliveira Leite 2024 Penn State Law

Federal District Courts May Not Assist Discovery Efforts In Connection With Proceedings Before Arbitral Tribunals Constituted Under The Icsid, Victor De Oliveira Leite

Arbitration Law Review

No abstract provided.


Uncompelled: Circuits Split Over The Pre-Hearing Discovery Powers Of Arbitrators, Maya Rashid 2024 Penn State Law

Uncompelled: Circuits Split Over The Pre-Hearing Discovery Powers Of Arbitrators, Maya Rashid

Arbitration Law Review

No abstract provided.


Three's A Crowd: The Eu Should Safeguard Against Third-Party Funding, Rita Portenti 2024 Penn State Law

Three's A Crowd: The Eu Should Safeguard Against Third-Party Funding, Rita Portenti

Arbitration Law Review

No abstract provided.


Two's Company, Three's A Crowd: An Exploration Of Non-Signatory Parties' Ability To Bring An Action Under Arbitration And Its Impact On International Commercial Arbitration, Amber Zelko 2024 Penn State Law

Two's Company, Three's A Crowd: An Exploration Of Non-Signatory Parties' Ability To Bring An Action Under Arbitration And Its Impact On International Commercial Arbitration, Amber Zelko

Arbitration Law Review

No abstract provided.


Table Of Contents, 2024 Penn State Law

Table Of Contents

Arbitration Law Review

No abstract provided.


Foreword, 2024 Penn State Law

Foreword

Arbitration Law Review

No abstract provided.


Sovereign Immunity From Execution Of Foreign Arbitral Awards In India: The "New" Kid On The (Super) Pro-Arbitration Block, Ylli Dautaj 2024 Penn State Law

Sovereign Immunity From Execution Of Foreign Arbitral Awards In India: The "New" Kid On The (Super) Pro-Arbitration Block, Ylli Dautaj

Arbitration Law Review

No abstract provided.


No Need To Reinvent The Wheel: The Positive Relationship Between Green Technology And Patient Enforcement, Addison S. Fowler 2024 Villanova University Charles Widger School of Law

No Need To Reinvent The Wheel: The Positive Relationship Between Green Technology And Patient Enforcement, Addison S. Fowler

Villanova Environmental Law Journal

No abstract provided.


The Judicial Grassroots Of The "Arbitration Revolution", Tamar Meshel 2024 William & Mary Law School

The Judicial Grassroots Of The "Arbitration Revolution", Tamar Meshel

William & Mary Business Law Review

The “arbitration revolution”—the meteoric rise in the use of arbitration in the United States—is commonly imputed to the Supreme Court’s unilateral and ideologically driven expansion of the Federal Arbitration Act (FAA). The portrayal of the FAA’s evolution as a campaign launched by a Supreme Court that is out of touch with society and with the judicial system over which it presides usefully serves to delegitimize both this one-hundred year-old statute and arbitration more generally. This Article argues that the popular description of the Supreme Court as the sole instigator of the “arbitration revolution” is misleading because it conveniently ignores a …


Caroline E. Foster, Global Regulatory Standards In Environmental And Health Disputes: Regulatory Coherence, Due Regard, And Due Diligence, Henry S. GAO 2024 Singapore Management University

Caroline E. Foster, Global Regulatory Standards In Environmental And Health Disputes: Regulatory Coherence, Due Regard, And Due Diligence, Henry S. Gao

Research Collection Yong Pung How School Of Law

With ‘The Rise of the Regulatory State’ 1 at the beginning of the twentieth century, regulation replaced litigation as the main method of social control in the United States. Over the past few decades, more and more countries around the world started to follow the example of the United States, which led to the global expansion of the regulatory state. This in turn spurred more international disputes due to divergences in the respective regulatory standards. Theoretically speaking, global regulation might be the best solution. However, so far this not happened, partly due to the paralysis of the law-making functions of …


Law Students Can Use Portfolios To Plan Their Practice Systems, John Lande 2024 University of Missouri School of Law

Law Students Can Use Portfolios To Plan Their Practice Systems, John Lande

Faculty Blogs

This post describes how law schools can help students plan for successful careers by using Real Practice System self-assessments to guide them in developing individualized portfolios. Portfolios identify students’ learning objectives and experiences designed to achieve them. Portfolios may include a variety of elements such as writing samples, video recordings, grades, faculty evaluations, clinical course journals, and extracurricular experiences.


Helping Law Students Define And Pursue Success, John Lande 2024 University of Missouri School of Law

Helping Law Students Define And Pursue Success, John Lande

Faculty Blogs

This post collects prior posts about how to help law students define and pursue professional success.


Increasing Housing Stability Through State-Funded Community Mediation Delivered By The Massachusetts Housing Mediation Program (Hmp) Fy2023 Evaluation Report, Madhawa Palihapitiya, Karina Zeferino 2024 University of Massachusetts Boston

Increasing Housing Stability Through State-Funded Community Mediation Delivered By The Massachusetts Housing Mediation Program (Hmp) Fy2023 Evaluation Report, Madhawa Palihapitiya, Karina Zeferino

Massachusetts Office of Public Collaboration Publications

The Massachusetts Housing Mediation Program (HMP) is a comprehensive statewide program that provides free housing mediation services as a tool to increase housing stability with the intention of preventing homelessness created by landlord-tenant disputes. It is administered by the Massachusetts Office of Public Collaboration (MOPC) at the University of Massachusetts Boston and deploys the community mediation system infrastructure with 11 Community Mediation Centers (Centers) participating and serving all 14 counties of the Commonwealth to provide free conflict resolution services for tenants and landlords/property managers with housing disputes at any stage, from the earliest point a problem occurs, up to, and …


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