Jams Provides Navigation Through The Obstacle Course Of Discovery,
2011
Penn State Dickinson Law
Jams Provides Navigation Through The Obstacle Course Of Discovery, Scott C. Denlinger
Arbitration Law Review (2009 - Present)
No abstract provided.
Michigan Appellate Court Determines That An Eeoc "Right To Sue" Letter Is Not Necessary To Initiate Arbitration On Title Vii Claims,
2011
Penn State Dickinson Law
Michigan Appellate Court Determines That An Eeoc "Right To Sue" Letter Is Not Necessary To Initiate Arbitration On Title Vii Claims, Nick Fox
Arbitration Law Review (2009 - Present)
No abstract provided.
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.
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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
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 …
1991 Arbitration Hearings Chart,
2011
University of Notre Dame
1991 Arbitration Hearings Chart, Edmund P. Edmonds
Annual Hearings Charts
No abstract provided.
