References
Dispute Resolution Mechanisms and Regional Trade Agreements: South American and Caribbean Modalities
February 8, 2012
This article looks at regional trade disputes and discusses four different regional trade agreements as possible methods of resolution. The article also discusses arbitration, mediation, and negotiation within the context of supranational dispute resolution mechanisms.
February 8, 2012
This article looks at regional trade disputes and discusses four different regional trade agreements as possible methods of resolution. The article also discusses arbitration, mediation, and negotiation within the context of supranational dispute resolution mechanisms.
Getting a Bad Rap? Unconscionability in Clickwrap Dispute Resolution Clauses and a Proposal for Improving the Quality of These Online Consumer Products
February 8, 2012
The online merchant should provide users with choices in their dispute resolution methods that reflect the merchant's own dispute resolution options under the clickwrap terms of use. In the context of unconscionability, standard form contracts for consumers are not true contracts, but are more like products' that should be required to meet basic standards of quality.
February 8, 2012
The online merchant should provide users with choices in their dispute resolution methods that reflect the merchant's own dispute resolution options under the clickwrap terms of use. In the context of unconscionability, standard form contracts for consumers are not true contracts, but are more like products' that should be required to meet basic standards of quality.
Waiving Rights Goodbye: Class Action Waivers in Arbitration Agreements After Stollt-Nielson v. AnimalFeeds International
February 8, 2012
The authors argue that the Stolt-Nielsen case has further confused what courts should do when arbitration agreements waive parties' rights to bring class action suits. Rather than taking a bright-line approach, the authors advocate for a totality of the circumstances approach to determine the enforceability of class action waivers.
February 8, 2012
The authors argue that the Stolt-Nielsen case has further confused what courts should do when arbitration agreements waive parties' rights to bring class action suits. Rather than taking a bright-line approach, the authors advocate for a totality of the circumstances approach to determine the enforceability of class action waivers.
Enforcing International Insurers’ Expectations: Can States Unilaterally Quash Commercial Arbitration Agreements Under the McCarran-Ferguson Act
February 8, 2012
The author examines the circuit court split on whether the reversal of the McCarran-Ferguson Act preempts the United Nations Convention on the Recognition and the Enforcement of Arbitral Agreements and allows states to invalidate international insurance contracts' arbitration agreement clauses. The author concludes that the Supreme Court and Congress should limit states' power to preclude parties from enforcing arbitration clauses in international insurance contracts.
February 8, 2012
The author examines the circuit court split on whether the reversal of the McCarran-Ferguson Act preempts the United Nations Convention on the Recognition and the Enforcement of Arbitral Agreements and allows states to invalidate international insurance contracts' arbitration agreement clauses. The author concludes that the Supreme Court and Congress should limit states' power to preclude parties from enforcing arbitration clauses in international insurance contracts.
Welcome to the Jungle: Rethinking the Amount in Controversy in a Petition to Vacate an Arbitration Award Under the Federal Arbitration Act
February 8, 2012
The author argues that the arbitration demand approach is the only way to determine the amount in controversy in a petition to vacate an arbitration award that remains true to traditional notions of jurisdiction. It does so by determining the amount in controversy at the initiation of the controversy, not at the point ofwhat essentially amounts to an appeal.
February 8, 2012
The author argues that the arbitration demand approach is the only way to determine the amount in controversy in a petition to vacate an arbitration award that remains true to traditional notions of jurisdiction. It does so by determining the amount in controversy at the initiation of the controversy, not at the point ofwhat essentially amounts to an appeal.
Guardians Ad Litem Do Not Belong in Family Mediations
February 8, 2012
The article examines the problems associated with appointing a guardian ad litem (GAL) in a family mediation. The confidentiality protection afforded to the parents may be compromised by the presence of a GAL. Appointment of a GAL should take place after the mediation to secure the integrity of the resolution process.
February 8, 2012
The article examines the problems associated with appointing a guardian ad litem (GAL) in a family mediation. The confidentiality protection afforded to the parents may be compromised by the presence of a GAL. Appointment of a GAL should take place after the mediation to secure the integrity of the resolution process.
The Case Against Reforming the WTO Enforcement Mechanism
February 8, 2012
Some authors suggest that the current enforcement of the World Trade Organization's Dispute Settlement Body's decisions is unfair to weak parties in the agreement and suggest to impose monetary damages enforceable by the Organization itself, not by individual parties. Nzelibe opposes such reforms stating that they do not take into consideration domestic factors.
February 8, 2012
Some authors suggest that the current enforcement of the World Trade Organization's Dispute Settlement Body's decisions is unfair to weak parties in the agreement and suggest to impose monetary damages enforceable by the Organization itself, not by individual parties. Nzelibe opposes such reforms stating that they do not take into consideration domestic factors.
The Waterbed Effect: Where Buying and Selling Power Come Together
February 8, 2012
This article concerns the effect of differential buying power on consumers called the waterbed effect. The waterbed effect occurs when more powerful buyers are able to acquire better supply terms within negotiations and, as a result, cause a worsening of supply terms for smaller buyers in similar negotiations.
February 8, 2012
This article concerns the effect of differential buying power on consumers called the waterbed effect. The waterbed effect occurs when more powerful buyers are able to acquire better supply terms within negotiations and, as a result, cause a worsening of supply terms for smaller buyers in similar negotiations.
Fairness is in the Eyes of the Beholder
February 8, 2012
This article argues that the National Association of Securities Dealers (NASD) arbitration process has not adequately fulfilled the Congressional intent to provide investor protection. The article discusses the effects of Supreme Court decisions and recent legislation on the enforcement of mandatory pre-dispute securities arbitration agreements. The article traces the evolution of securities arbitration, focusing on the NASD Code of Arbitration and the creation of Financial Industry Regulatory Agency...
February 8, 2012
This article argues that the National Association of Securities Dealers (NASD) arbitration process has not adequately fulfilled the Congressional intent to provide investor protection. The article discusses the effects of Supreme Court decisions and recent legislation on the enforcement of mandatory pre-dispute securities arbitration agreements. The article traces the evolution of securities arbitration, focusing on the NASD Code of Arbitration and the creation of Financial Industry Regulatory Agency...
Arbitration and Article III
February 8, 2012
This article addresses the question of whether arbitration violates Article III when federal statutory rights are at issue. The author rejects the principle of waiver, which is the traditional theory used to explain arbitration's compatibility with Article III, in favor of appellate review theory. The author then applies appellate review theory to various forms of arbitration and addresses criticisms of the theory.
February 8, 2012
This article addresses the question of whether arbitration violates Article III when federal statutory rights are at issue. The author rejects the principle of waiver, which is the traditional theory used to explain arbitration's compatibility with Article III, in favor of appellate review theory. The author then applies appellate review theory to various forms of arbitration and addresses criticisms of the theory.
