Murky Waters: Supreme Court Of Alabama Compels Arbitration Although There May Not Have Been A Contract,
2011
Penn State Dickinson Law
Murky Waters: Supreme Court Of Alabama Compels Arbitration Although There May Not Have Been A Contract, Michael C. Barbarula
Arbitration Law Review (2009 - Present)
No abstract provided.
Vacating An International Arbitration Award Rendered In The United States: Does The New York Convention, The Federal Arbitration Act Or State Law Apply?,
2011
Penn State Dickinson Law
Vacating An International Arbitration Award Rendered In The United States: Does The New York Convention, The Federal Arbitration Act Or State Law Apply?, Lea Haber Kuck, Amanda Raymond Kalantirsky
Arbitration Law Review (2009 - Present)
No abstract provided.
Idaho Offers More Than Just Potatoes To Victorious Parties In Arbitration,
2011
Penn State Dickinson Law
Idaho Offers More Than Just Potatoes To Victorious Parties In Arbitration, Nathan C. Volpi
Arbitration Law Review (2009 - Present)
No abstract provided.
Supreme Judicial Court Of Maine Holds That Evidence From A Small Claims Mediation Is Admissible In A Subsequent Criminal Trial,
2011
Penn State Dickinson Law
Supreme Judicial Court Of Maine Holds That Evidence From A Small Claims Mediation Is Admissible In A Subsequent Criminal Trial, Jamie L. Augustinsky
Arbitration Law Review (2009 - Present)
No abstract provided.
Breaking The Cemnet: Venezuela's Move To Nationalize Cemex Leads To Dispute Over Arbitral Jurisdiction,
2011
Penn State Dickinson Law
Breaking The Cemnet: Venezuela's Move To Nationalize Cemex Leads To Dispute Over Arbitral Jurisdiction, Shari Manasseh
Arbitration Law Review (2009 - Present)
No abstract provided.
A Call For Mediated Solutions To Arctic Region Disputes,
2011
Benjamin N. Cardozo School of Law
A Call For Mediated Solutions To Arctic Region Disputes, Bradley L. Roth
Cardozo Journal of International and Comparative Law
The note argues that the Arctic region has become a focal point of international competition due to climate change, with disputes over territorial, resource, and navigational rights among the Arctic Five (Canada, Denmark, Norway, Russia, and the United States). It advocates for a worldcentric mediation approach, emphasizing global sustainability and fairness, to resolve these disputes effectively while addressing the region's ecological sensitivity and the long-term sustainability of the planet.
No Signature Needed: The Supreme Court Of California Settles Precedent And Furthers The Goals Of The Medical Injury Compensation Reform Act: Ruiz V. Podolsky,
2011
University of Missouri School of Law
No Signature Needed: The Supreme Court Of California Settles Precedent And Furthers The Goals Of The Medical Injury Compensation Reform Act: Ruiz V. Podolsky, Meghan L. Travis
Journal of Dispute Resolution
In Ruiz v. Podolsky,2 the California Supreme Court ended the strife surrounding wrongful death claims when Rafael Ruiz (Ruiz), the decedent, executed a binding arbitration agreement.3 The court was able to soundly support its decision on applicable legislation, case law and public policy after weaving its way through a turbulent mish-mash of contradictory precedent. This note will discuss: (1) California's attempt to decrease the cost of medical malpractice claims, (2) the ramifications of Ruiz's allowing arbitration agreements to bind heirs, and (3) the differing approaches states have taken toward the application of binding arbitration agreements to beneficiaries
Table Of Contents - Issue 2 ,
2011
University of Missouri School of Law
Regulating Mediator Qualifications In The 2008 Eu Mediation Directive: The Need For A Supranational Standard,
2011
University of Missouri School of Law
Regulating Mediator Qualifications In The 2008 Eu Mediation Directive: The Need For A Supranational Standard, Ashley Feasley
Journal of Dispute Resolution
This paper will illustrate how the regulation of mediator training and the implementation of minimum qualification levels will help the Directive have a longterm impact in six parts. Part II will briefly examine mediation in an international law context. Part III will discuss the history of the Directive and pertinent provisions of the Directive. Part IV will address the recent situation in Italy, with a particular focus on the opposition to Legislative Decree 28, mandatory mediation, and the perceived lack of mediator qualifications. Part V will examine the current mediator trainings and qualification standards that are required in other selected …
Pleading For Justice: The Availability Of Plea Bargaining As A Method Of Alternative Resolution At The International Criminal Court,
2011
University of Missouri School of Law
Pleading For Justice: The Availability Of Plea Bargaining As A Method Of Alternative Resolution At The International Criminal Court, Kate Kovarovic
Journal of Dispute Resolution
This article serves to illustrate how the implementation of a plea bargaining process at the ICC would enable the Court to achieve both peace and justice. Part II begins by analyzing the history of plea bargaining in the international criminal arena, using the ICTY and the ICTR as models of the successful incorporation of plea bargaining into a court's adjudication process. Part III transfers these advantages to the ICC by examining how the plea bargaining process would advance the Court's goals of achieving peace and justice. Part IV moves from the theoretical to the practical by analyzing how the principles …
Are We Paper Tigers - The Limited Procedural Power Of Arbitrators Under Chinese Law,
2011
University of Missouri School of Law
Are We Paper Tigers - The Limited Procedural Power Of Arbitrators Under Chinese Law, Chi Manjiao
Journal of Dispute Resolution
This article explores the extent arbitrators exercise procedural power under Chinese law in six parts. Part II briefly provides background information for the legal framework of Chinese arbitration law and the "dual-track system" in the Chinese arbitration regime. The ensuing parts deal with the three major aspects of arbitrators' procedural power respectively: Part III discusses the power of making jurisdictional decisions, Part IV analyzes the power of making applicable law decisions, and Part V explores the power of issuing interim measures. Part VI concludes that in all three aspects, the procedural power of arbitrators under Chinese law is heavily restricted …
In The Shadow Of Soft Law: The Handling Of Corporate Social Responsibility Disputes Under The Oecd Guidelines For Multinational Enterprises,
2011
University of Missouri School of Law
In The Shadow Of Soft Law: The Handling Of Corporate Social Responsibility Disputes Under The Oecd Guidelines For Multinational Enterprises, Leyla Davarnejad
Journal of Dispute Resolution
This socio-legal study undertakes a comprehensive analysis of the various practices NCPs apply to solve CSR disputes during specific instances. It does so in four parts, starting with an outline of the legal background of the CSR debate and movement in Part II. Part Ill examines the construction and content of the Guidelines. Also, Part III explores the soft law nature debate and how it shapes the NCPs' commitment and implementation of the Guidelines. In Part IV, the empirical findings of this study are presented to illuminate how the soft law nature of the Guidelines shapes the NCPs' commitment and …
State Legislative Update ,
2011
University of Missouri School of Law
State Legislative Update , Benjamin Angulo, Daniel J. Romine, Matthew Schacht
Journal of Dispute Resolution
This analysis will examine the sample of bills in four parts. Because some of the proposed state bills are silent on whether their respective bills are reserved for non-commercial matters, Part II examines whether the bills apply to businesses that are parties to business-to-business international commercial contracts. Part III assesses the bills' definition of foreign law to better understand the scope of the anti-foreign law bans. Because each anti-foreign law bill initially defines foreign law as one that is created outside the U.S., Part III analyzes whether the bills' foreign law definitions include international organizations and tribunals. It is important …
Foreigners Beware: Exploring The Tension Between Saudi Arabian And Western International Commercial Arbitration Practices: In Re Aramco Services Co.,
2011
University of Missouri School of Law
Foreigners Beware: Exploring The Tension Between Saudi Arabian And Western International Commercial Arbitration Practices: In Re Aramco Services Co., Whitney Hampton
Journal of Dispute Resolution
Increasing globalization in the Middle East has resulted in greater commercial interaction between Saudi Arabia and the West. This, in turn, has led to a resurgence of international arbitration agreements between Saudi Arabian businesses and their Western counterparts. However, the strong religious undertones in Saudi Arabian law have given rise to tension with the West, and the United States, in particular. In re Aramco Services is but a tiny piece in a very large puzzle. While the opinion is short, it serves as an indication, or perhaps a reminder, of the larger implications at work. This note will discuss these …
Consent Is The Key To Compel: The Eighth Circuit Properly Denies A Motion To Compel A Non-Signatory To Arbitrate United States Court Of Appeals, Eighth Circuit: Bank Of America V. Umb Financial Services,
2011
University of Missouri School of Law
Consent Is The Key To Compel: The Eighth Circuit Properly Denies A Motion To Compel A Non-Signatory To Arbitrate United States Court Of Appeals, Eighth Circuit: Bank Of America V. Umb Financial Services, Tom Swoboda
Journal of Dispute Resolution
This Note addresses a recent Eighth Circuit decision concerning the issue of whether or not to compel arbitration between a non-signatory plaintiff and a defendant who desires to arbitrate the plaintiff's claims.' After examining a recent Supreme Court decision in which the Court articulated certain principles of state contract law that allow a court to compel arbitration by or against nonparties to a contract, this Note will explore precedent in Missouri that demonstrates a stringent process in order to compel non-signatories to arbitration. The various federal circuit court treatments of this commonly litigated issue and its underlying split on the …
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 …
1991 Arbitration Hearings Chart,
2011
University of Notre Dame
1991 Arbitration Hearings Chart, Edmund P. Edmonds
Annual Hearings Charts
No abstract provided.
Valtin, Rolf Arbitration Chart,
2011
University of Notre Dame
Valtin, Rolf Arbitration Chart, Edmund P. Edmonds
Arbitrator Charts
No abstract provided.
1992 Arbitration Hearings Chart,
2011
University of Notre Dame
1992 Arbitration Hearings Chart, Edmund P. Edmonds
Annual Hearings Charts
No abstract provided.
1993 Arbitration Hearings Chart,
2011
University of Notre Dame
1993 Arbitration Hearings Chart, Edmund P. Edmonds
Annual Hearings Charts
No abstract provided.
