Rectitude In International Arbitration,
2011
Boston University School of Law
Rectitude In International Arbitration, William W. Park
Faculty Scholarship
Few criteria for evaluating arbitrator independence and impartiality will stay foolproof for long, given how ingenious fools often prove themselves to be. No less than in other areas of the law, elaboration of ethical standards for arbitrators implicates a tension between the transient and the permanent. Conflict-of-interest principles remain most useful if implemented with sensitivity to new trouble spots. Traditional ethical models serve as starting points for evaluating the fitness of those to whom business managers and nations entrust their treasure and their welfare. The constant evolution in expectations by users of the arbitral system call for regular adjustment in …
Designing The Gaps In Mediation Architecture,
2011
Singapore Management University
Designing The Gaps In Mediation Architecture, Nadja Alexander
Research Collection Yong Pung How School Of Law
In this post on the Kluwer Mediation Blog, the 'gaps' in the developing architecture of mediation, and the design for regulatory spaces are explored.
Sovereign Immunity In The Enforcement Of Awards Against States,
2011
Singapore Management University
Sovereign Immunity In The Enforcement Of Awards Against States, Darius Chan
Research Collection Yong Pung How School Of Law
No abstract provided.
The Mediation Meta-Model: The Realities Of Mediation Practice,
2011
Singapore Management University
The Mediation Meta-Model: The Realities Of Mediation Practice, Nadja Alexander
Research Collection Yong Pung How School Of Law
In this article, I expand on the literature and present a meta-model for thinking about mediation practice. The Mediation Meta-Model is a structure for identifying different mediation approaches and how they relate to one other. It makes no claim to universal application. Rather, it offers a conceptual road-map for an increasingly complex and sophisticated array of practices which share the name mediation. The theoretical foundations and analysis for the Meta-Model have been included in previous work (2008).It is well known in Australian mediation circles that mediation practice does not always correspond to the dominant facilitative training model—even though, on the …
Options Available To An Unsuccessful Party In An Arbitration,
2011
Singapore Management University
Options Available To An Unsuccessful Party In An Arbitration, Darius Chan
Research Collection Yong Pung How School Of Law
No abstract provided.
Evolution Of Strategic Communication And Information Operations Since 9/11: Hearing Before The Subcomm. On Emerging Threats & Capabilities Of The H. Comm. On Armed Services, 112th Cong., July 12, 2011 (Statement Of Rosa Ehrenreich Brooks),
2011
Georgetown University Law Center
Evolution Of Strategic Communication And Information Operations Since 9/11: Hearing Before The Subcomm. On Emerging Threats & Capabilities Of The H. Comm. On Armed Services, 112th Cong., July 12, 2011 (Statement Of Rosa Ehrenreich Brooks), Rosa Ehrenreich Brooks
Testimony Before Congress
I know that members of this sub-committee are deeply committed to ensuring that reform of strategic communication organizational structures and policies remains a top priority for the executive branch. I have to confess that in my former role as a Defense Department official with responsibility for a range of SC and IO issues, I was not always wholly grateful for your interest: you and your colleagues on the House Appropriations Committee put the Department through the ringer with quite a lot of different reporting requirements. As a citizen, however, I am deeply grateful to you for having kept us on …
Summary Of Pasillas V. Hsbc Bank Usa, Et. Al., 127 Nev. Adv. Op. No. 39,
2011
Nevada Law Journal
Summary Of Pasillas V. Hsbc Bank Usa, Et. Al., 127 Nev. Adv. Op. No. 39, Meredith Still
Nevada Supreme Court Summaries
An appeal from a district court order denying a petition for judicial review arising in a foreclosure mediation action.
The Icsid Effect? Considering Potential Variations In Arbitration Awards,
2011
Washington and Lee University School of Law
The Icsid Effect? Considering Potential Variations In Arbitration Awards, Susan D. Franck
Scholarly Articles
The legitimacy of the World Bank's dispute resolution body - The International Centre for the Settlement of Investment Disputes (ICSID) - is a matter of heated debate. Some states have alleged that ICSID is biased, withdrawn from the ICSID Convention, and advocated creating alternative arbitration systems. Using pre-2007 archival data of the population of then- known arbitration awards, this Article quantitatively assesses whether ICSID arbitration awards were substantially different from arbitration awards rendered in other forums. The Article examines variation in the amounts claimed and outcomes reached to evaluate indicators of bias. The results indicated that there was no reliable …
Contract And Procedure,
2011
University of Georgia Law School
Contract And Procedure, Peter B. Rutledge, Christopher R, Drahozal
Scholarly Works
This paper examines both the theoretical underpinnings and empirical picture of procedural contracts. Procedural contracts may be understood as contracts in which parties regulate not merely their commercial relations but also the procedures by which disputes over those relations will be resolved. Those procedural contracts regulate not simply the forum in which disputes will be resolved (arbitration vs litigation) but also the applicable procedural framework (discovery, class action waivers, remedies limitations, etc.). At a theoretical level, this paper explores both the limits on parties' ability to regulate procedure by contract (at issue in the Supreme Court's recent Rent-A-Center decision) and …
Ethical Problems In Class Arbitration,
2011
University of Missouri School of Law
Ethical Problems In Class Arbitration, Andrew Powell, Richard A. Bales
Journal of Dispute Resolution
This article examines two significant conflicts of interest that arise in class arbitration in six parts. Part II provides background on the recent evolution of class arbitration, explaining how the Supreme Court had decided several cases involving class arbitration but has not explicitly ruled that class actions are either permitted or forbidden. Part III discusses the conflicts of interest that could arise at the beginning of class arbitration. Part IV discusses conflicts of interest that arise at the end of class arbitration. Part V of this article argues that if and when Congress amends the Federal Arbitration Act to statutorily …
Missouri Courts Side With Employees Against The Eighth Circuit: Continued Employment Does Not Constitute Acceptance And Consideration For Mandatory Arbitration Agreements: Frye V. Speedway Chevrolet Cadillac,
2011
University of Missouri School of Law
Missouri Courts Side With Employees Against The Eighth Circuit: Continued Employment Does Not Constitute Acceptance And Consideration For Mandatory Arbitration Agreements: Frye V. Speedway Chevrolet Cadillac, Laura Browne
Journal of Dispute Resolution
The question of whether continued employment constitutes acceptance and consideration for an employment contract, particularly applied to mandatory arbitration clauses, has split the authorities who decide on cases arising out of Missouri. The United States Court of Appeals for the Eighth Circuit, while purporting to apply Missouri law in cases arising out of Missouri, holds that an employee who continues to work for his or her employer after an arbitration program has been implemented is bound by it by the virtue of his or her continued employment. Missouri courts, however, disagree with this interpretation of Missouri law and held in …
Adr And Divotce In Light Of The Elkins Legislation,
2011
Penn State Dickinson Law
Adr And Divotce In Light Of The Elkins Legislation, Jennifer Adams
Arbitration Law Review (2009 - Present)
No abstract provided.
No Bloch Head: Arbitrator's Decision Brings Change To The Nhl,
2011
Penn State Dickinson Law
No Bloch Head: Arbitrator's Decision Brings Change To The Nhl, Andrew M. Kroeckel
Arbitration Law Review (2009 - Present)
No abstract provided.
Enhanced Dispute Resolution Through The Use Of Information Technology,
2011
Penn State Dickinson Law
Enhanced Dispute Resolution Through The Use Of Information Technology, Garret Brouwer
Arbitration Law Review (2009 - Present)
No abstract provided.
The Future Of Investor-State Arbitration: Greater Transparency On The Horizon For Uncitral Rules,
2011
Penn State Dickinson Law
The Future Of Investor-State Arbitration: Greater Transparency On The Horizon For Uncitral Rules, Kristin Miller
Arbitration Law Review (2009 - Present)
No abstract provided.
Introduction To The Arbitrator As Judge . . . And Judge Of Jurisdiction Symposium,
2011
Penn State Dickinson Law
Introduction To The Arbitrator As Judge . . . And Judge Of Jurisdiction Symposium, Thomas E. Carbonneau
Arbitration Law Review (2009 - Present)
No abstract provided.
Arbitration Ambush In A Policy Polemic,
2011
Penn State Dickinson Law
Arbitration Ambush In A Policy Polemic, Amy J. Schmitz
Arbitration Law Review (2009 - Present)
No abstract provided.
The End Of Arbitration As We Know It? Arbitration Under Attack,
2011
Penn State Dickinson Law
The End Of Arbitration As We Know It? Arbitration Under Attack, David Allen Larson
Arbitration Law Review (2009 - Present)
No abstract provided.
Connecticut Forces Litigious Patients To Play Nice With Doctors, Mandates Mediation For All Medical Malpractice Claims,
2011
Penn State Dickinson Law
Connecticut Forces Litigious Patients To Play Nice With Doctors, Mandates Mediation For All Medical Malpractice Claims, Ryan J. Maerz
Arbitration Law Review (2009 - Present)
No abstract provided.
The London Court Of International Arbitration Takes Root In India And Encourages Growth In Commercial Markets,
2011
Penn State Dickinson Law
The London Court Of International Arbitration Takes Root In India And Encourages Growth In Commercial Markets, Julia Rabich
Arbitration Law Review (2009 - Present)
No abstract provided.
