References
Consumer Arbitration: Is It Working Now and Will It Work in the Future
February 8, 2012
This article outlines consumer arbitration in detail, focusing on its economics, protocol, fairness, and class arbitration. The author provides a brief history of consumer arbitration, and then explains its rising costs. The author encourages consumer arbitration, especially in the class context, and maintains that if competent, conscientious, and impartial arbitrators are used, the process will remain viable.
February 8, 2012
This article outlines consumer arbitration in detail, focusing on its economics, protocol, fairness, and class arbitration. The author provides a brief history of consumer arbitration, and then explains its rising costs. The author encourages consumer arbitration, especially in the class context, and maintains that if competent, conscientious, and impartial arbitrators are used, the process will remain viable.
A New Twist on an Old Approach: Missouri’s Use of Unconscionability and Consent in the Class Arbitration Waiver Analysis
February 8, 2012
This article examines the Supreme Court of Missouri's decision in Brewer v. Missouri Title Loans, Inc. This article discusses the court's new approach to the contract defense of unconscionability in the context of class arbitration waivers and argues that this approach undermines the federal policy in favor of arbitration agreements.
February 8, 2012
This article examines the Supreme Court of Missouri's decision in Brewer v. Missouri Title Loans, Inc. This article discusses the court's new approach to the contract defense of unconscionability in the context of class arbitration waivers and argues that this approach undermines the federal policy in favor of arbitration agreements.
California’s Unique Approach to Arbitration: Why this Road Less Traveled will Make all the Difference on the Issue of Preemption Under the Federal Arbitration Act
February 8, 2012
This article examines California's and the Ninth Circuit's application of unconscionability in an arbitration setting. The authors argue that this application is unique and hostile to arbitration and, thus, preempted by the Federal Arbitration Act. The article discusses decisions related to arbitration, focusing on the courts' application of the unconscionability doctrine and its affect on dispute resolution, particularly on arbitration.
February 8, 2012
This article examines California's and the Ninth Circuit's application of unconscionability in an arbitration setting. The authors argue that this application is unique and hostile to arbitration and, thus, preempted by the Federal Arbitration Act. The article discusses decisions related to arbitration, focusing on the courts' application of the unconscionability doctrine and its affect on dispute resolution, particularly on arbitration.
De Novo a No No: Contractually Expanded Judicial Review Clauses Do Not Preclude FAA Application in State Court Unless the Parties Make It Intentionally Clear the FAA Does Not Apply in Their Agreement
February 8, 2012
This article discusses the Alabama Supreme Court's decision in Raymond James Fin. Servs., Inc. v. Honea dealing with contracted appellate review in arbitration agreements. The article contends that expanded judicial review beyond the scope of the Federal Arbitration Act should be unenforceable unless parties expressly provide in the agreement that the Act does not apply.
February 8, 2012
This article discusses the Alabama Supreme Court's decision in Raymond James Fin. Servs., Inc. v. Honea dealing with contracted appellate review in arbitration agreements. The article contends that expanded judicial review beyond the scope of the Federal Arbitration Act should be unenforceable unless parties expressly provide in the agreement that the Act does not apply.
Overseas Enforcement of Judgments and Arbitral Awards
February 8, 2012
This article compares judgments and arbitral awards granted inside the United States but that must be enforced outside the United States. Rogers argues that when attorneys draft a dispute resolution clause in a contract, they should consider whether the final place the judgment will be enforced recognizes U.S. law. If it does not, Rogers suggests choosing arbitration because it is more widely accepted throughout the world.
February 8, 2012
This article compares judgments and arbitral awards granted inside the United States but that must be enforced outside the United States. Rogers argues that when attorneys draft a dispute resolution clause in a contract, they should consider whether the final place the judgment will be enforced recognizes U.S. law. If it does not, Rogers suggests choosing arbitration because it is more widely accepted throughout the world.
Securities Arbitration 2006: Taking Responsibility
February 8, 2012
This course handbook is a self-study vehicle for NASD arbitrators who seek to enhance their arbitrator skills. The text looks at the evolution of securities arbitration over the last 20 years, identifies the responsibilities assigned to each of the parties in securities arbitration, and examines attorneys' ethical responsibilities involved in deciding whether to take a case.
February 8, 2012
This course handbook is a self-study vehicle for NASD arbitrators who seek to enhance their arbitrator skills. The text looks at the evolution of securities arbitration over the last 20 years, identifies the responsibilities assigned to each of the parties in securities arbitration, and examines attorneys' ethical responsibilities involved in deciding whether to take a case.
Standard Contract Documents: A Positive Step Towards Fair, Transparent, and Collaborative Resolution of Disputes on Construction Project
February 8, 2012
The first half of this article provides a detailed account of the construction industry in the United States, focusing on the parties involved, the nature of disputes that arise, and how those disputes are handled. The second half of the article provides an analysis of the actual American Institute of Architects (AIA) contract documents, both before and after the substantive 2007 changes. It then analyzes the 2007 AIA documents and describes the recent changes to these dispute resolution provisions,...
February 8, 2012
The first half of this article provides a detailed account of the construction industry in the United States, focusing on the parties involved, the nature of disputes that arise, and how those disputes are handled. The second half of the article provides an analysis of the actual American Institute of Architects (AIA) contract documents, both before and after the substantive 2007 changes. It then analyzes the 2007 AIA documents and describes the recent changes to these dispute resolution provisions,...
Mass Disaster Mediation: Innovative ADR, or a Lion’s Den
February 8, 2012
The author examines the use of mediaiton in mass tort claims following a mass disaster. The primary problem in real-life mediation such as those following Hurrican Katrina in New Orleans is power and experience imbalance between insurance companies and their insured. The author argues that this mediation could be doing more harm than good.
February 8, 2012
The author examines the use of mediaiton in mass tort claims following a mass disaster. The primary problem in real-life mediation such as those following Hurrican Katrina in New Orleans is power and experience imbalance between insurance companies and their insured. The author argues that this mediation could be doing more harm than good.
Understanding Conflict Resolution: War, Peace, and the Global System
February 8, 2012
The first part of the book reviews the development of conflict resolution since the Cold War and demonstrates various approaches to conflict analysis. The book discusses conflict resolution in the contemporary global environment and explores the settlement of three major types of international conflict: inter-state, internal, and those arising from state formation. The book also poses questions regarding the future of conflict resolution. The new edition is up to date with coverage of the war on terror...
February 8, 2012
The first part of the book reviews the development of conflict resolution since the Cold War and demonstrates various approaches to conflict analysis. The book discusses conflict resolution in the contemporary global environment and explores the settlement of three major types of international conflict: inter-state, internal, and those arising from state formation. The book also poses questions regarding the future of conflict resolution. The new edition is up to date with coverage of the war on terror...
