Nicolosi examines the topic of disputes arising from double taxation in the world economy by questioning whether tax arbitration agreements between nations can assist in the furtherance of cross-border transactions. Answering in the affirmative, Nicolosi concludes that tax arbitration agreements between nations promote transnational business transactions by providing a resolution mechanism for tax disputes while actively trading. Nicolosi also concludes that tax arbitration agreements provide certainty...
International arbitration is the preferred method of dispute resolution for international commercial disputes. However, unlike arbitration practices in the United States, international arbitration does not provide for discovery on a level comparable to the standard in United States legal practice. This article discusses the various methods for compelling document disclosure in connection with international arbitration. The article also discusses various nations' arbitration laws and practices. It recommends...
For union members, binding arbitration is an excellent way to resolve discrimination disputes with employers. The article argues that critics have overly optimistic views of the court system, and that arbitration provides a venue for employees to vindicate their rights.
Courts should design a dispute system that is more responsive to the preferences of disputants. The first section of this article argues that party autonomy should be a fundamental value of any ADR program. The second section analyzes dispute systems and notes the flexibility courts have in developing ADR programs. The final section synthesizes past research and suggests focusing on party preferences not only promotes autonomy, but promotes court efficiency and related institutional goals.