S.I. Strong, Associate Professor of Law and Senior Fellow, Center for the Study of Dispute Resolution at the University of Missouri recently authored, Discovery Under 28 U.S.C. §1782: Distinguishing International Commercial Arbitration and International Investment Arbitration, 1 Stanford Journal of Complex Litigation (2013), Forthcoming; University of Missouri School of Law Legal Studies Research Paper No. 2013-10. In her article, Professor Strong discusses the changing role of discovery requests...
To the best of our knowledge, funding contracts generally require arbitration to resolve disputes. While arbitration has significant appeal, it may not always be the optimal arrangement for reasons laid out below. Therefore, the model contract defaults to New York courts as the forum for dispute resolution.
Arbitration’s Appeal and Downsides
Arbitration has one significant advantage over courts: secrecy (confidentiality). Even the fact of the dispute can be kept secret, which preserves...
Four times in the past 15 months the Supreme Court has struck down lower court attempts to limit the impact of the Federal Arbitration Act (FAA) by allowing recourse to the courts — on three of those occasions issuing per curiam orders vacating state court decisions for ignoring Supreme Court precedent. Nitro-Lift Techs. v. Howard, 133 S. Ct. 500 (2012) (Oklahoma); Marmet Health Care Ctr. v. Brown, 132 S. Ct. 1201 (2012) (West Virginia); KPMG LLP v. Cocchi, 132 S. Ct. 23 (2011) (Florida);...