Dispute Resolution and Arbitration Commons^™

Adr And The Extraction Of Coal Bed Methane From Split-Ownership Estates, Alyssa Looney

Arbitration Law Review (2009 - Present)

No abstract provided.

"Prepare For Trouble, And Make It Double": The Fourth Circuit Continues Downward Iteration Of Duplicitous Test For Manifest Disregard, Garrett Lent

Arbitration Law Review (2009 - Present)

No abstract provided.

Biased? Prove It: Addressing Arbitrator Bias And The Merits Of Implementing Broad Disclosure Standards, Lindsay Melworm

Cardozo Journal of International and Comparative Law

The note examines the varying disclosure requirements for arbitrators in the United States and internationally, focusing on the standards for determining when an arbitral award may be vacated due to arbitrator partiality or bias. It highlights the tension between ensuring impartiality and maintaining the finality of arbitration decisions, advocating for broad initial disclosures to uphold the integrity and fairness of the process while preserving party autonomy.

The Implications Of Recent Icsid Arbitrator Disqualifications For Latin America, Nora Ciancio

Arbitration Law Review (2009 - Present)

No abstract provided.

Vacating Legally-Erroneous Arbitration Awards, Stephen J. Ware

Arbitration Law Review (2009 - Present)

In the United States, arbitrators’ decisions are legally binding. Courts generally confirm and enforce, rather than vacate, arbitration awards. Suppose, however, that the arbitration award is very different from the judgment a court would have rendered had the dispute been litigated, rather than arbitrated. And suppose this is because the arbitrator did not correctly apply the law. If the party that lost in arbitration (the party that would have done better with a correct application of law) asks a court to vacate the award because it is legally erroneous, will the court vacate or confirm the award? And does the …

Adhesive Arbitration: The Sustainable Grace For The Future Of The World's Most Profitable Sports Leagues, Evan Goldsmith

Arbitration Law Review (2009 - Present)

No abstract provided.

Arbitration Agreements: The Perfect Defense For Law School Deceit, Jeremy Alm

Arbitration Law Review (2009 - Present)

No abstract provided.

An Alternative Approach To Justice: The Past, Present, And Future Of The Mediation Program At The U.S. District Court For The Southern District Of New York, Rebecca Price

Arbitration Law Review (2009 - Present)

The practice of mediation has gone through enormous change in the last twenty-five years. No longer simply an "alternative," mediation has in some settings become commonplace. At the same time, many courts across the country struggle to maintain staffing and support for programs that offer alternatives for dispute resolution. While private mediation firms have seen an increase in cases, some academics and practitioners question whether mediation has been co-opted by a litigation model such that it no longer serves as a meaningful alternative.

The Mediation Program at the U.S. District Court for the Southern District of New York, which has …

Combating Structural Bias In Dispute System Designs That Use Arbitration: Transparency, The Universal Sanitizer, Lisa Blomgren Amsler

Arbitration Law Review (2009 - Present)

No abstract provided.

Third-Party Mediation Of Interstate Conflicts: Actors, Strategies, Selection, And Bias, Scott Sigmund Gartner

Arbitration Law Review (2009 - Present)

While arbitration remains more common than mediation as an alternative to litigation in domestic legal disputes, the opposite occurs in resolving violent interstate conflicts, where third-party mediation represents the most frequently employed method of conflict resolution. In order to understand the similarities and differences between international and domestic mediation, this article identifies key attributes of international conflict management generally and third-party mediation of violent disputes specifically, and four critical patterns commonly found in third-party mediation of international conflicts. These patterns, each of which is illustrated with a vignette involving US foreign policy, include: 1) the complex role of mediator bias …

When Sovereign Nations Are Forced To Arbitrate: Spain And France And The Prestige Oil Spill, Erika Dixon

Arbitration Law Review (2009 - Present)

No abstract provided.

The Italian Way Of Mediation, Giuseppe Conte

Arbitration Law Review (2009 - Present)

No abstract provided.

South African Revolutionizing Foreign Investment Protection System, Jennifer Reed

Arbitration Law Review (2009 - Present)

No abstract provided.

Copper, Gold, Corruption, And No Arbitral Relief: A Recent Pakistan Supreme Court Calls Into Question The Doctrine Of Separability, Sara E. Myirski

Arbitration Law Review (2009 - Present)

No abstract provided.

Indian Court Expands Its Jurisdiction Over Foreign Arbitral Panels, Dru Miller

Arbitration Law Review (2009 - Present)

No abstract provided.

If There's A Will, There's A Way: The California Supreme Court's Sidestep Of The U.S. Supreme Court, Ryan Cummins

Arbitration Law Review (2009 - Present)

No abstract provided.

Bezio V. Draeger: A Missed Opportunity For A Doctrinal Solution To The Jurisdictional Split As To The Arbitrability Of Legal Malpractice Claims, Brian Cressman

Arbitration Law Review (2009 - Present)

No abstract provided.

Arbitration And The Constitution, Gabrielle Gilbeau

Arbitration Law Review (2009 - Present)

No abstract provided.

Skills And Values: Alternative Dispute Resolution: Negotiation, Mediation, Collaborative Law, And Arbitration, Guy Bowe

Arbitration Law Review (2009 - Present)

No abstract provided.

A Reply To "Hollow Spaces", George A. Bermann, Jack J. Coe Jr., Christopher R. Drahozal, Catherine A. Rogers

Buffalo Law Review

No abstract provided.