References
ADR and Drug Testing in Professional Tennis: An Effective Doubles Team?
February 8, 2012
When professional tennis players fail a doping test, every professional association requires the athlete by contract to submit to an arbitration hearing. Illustrated by case studies, the authors cite several advantages to this process, including confidentiality for high-profile individuals, and quicker resolution for a demanding sport.
February 8, 2012
When professional tennis players fail a doping test, every professional association requires the athlete by contract to submit to an arbitration hearing. Illustrated by case studies, the authors cite several advantages to this process, including confidentiality for high-profile individuals, and quicker resolution for a demanding sport.
The Functions and Limits of Arbitration and Judicial Settlement Under Private and Public International Law
February 8, 2012
Though there has been a shift from litigation to arbitration in international commercial disputes, there has also been a shift toward judicial settlement in those disputes. This article explores arbitration initially and then examines dispute resolution in public and private international law. The author then explains the shift to judicial settlement and the reasons why this method has not been adopted in resolving other international disputes.
February 8, 2012
Though there has been a shift from litigation to arbitration in international commercial disputes, there has also been a shift toward judicial settlement in those disputes. This article explores arbitration initially and then examines dispute resolution in public and private international law. The author then explains the shift to judicial settlement and the reasons why this method has not been adopted in resolving other international disputes.
Note & Comment, Contract Claims vs. Treaty Claims: Mapping Conflicts Between ICSID Decisions on Multisourced Investment Claiims
February 8, 2012
This Note analyzes three important cases to detail the inconsistent approaches taken by international arbitrators when delineating the relationship between private investment contracts and international investment agreements. Because of this inconsistency, there exists confusion in the areas of law and procedure when arbitrating international investment disputes. The author also extends this inconsistency in order to reflect on theoretical questions pertaining to the makeup of international investment...
February 8, 2012
This Note analyzes three important cases to detail the inconsistent approaches taken by international arbitrators when delineating the relationship between private investment contracts and international investment agreements. Because of this inconsistency, there exists confusion in the areas of law and procedure when arbitrating international investment disputes. The author also extends this inconsistency in order to reflect on theoretical questions pertaining to the makeup of international investment...
There’s No Place Like Home: Applying Dispute Systems Design Theory to Create a Foreclosure Mediation System
February 8, 2012
This article uses the Dispute System Design Theory as a lens through which to analyze the Marquette Foreclosure Mediation Program (MFMP), implemented in Milwaukee in the aftermath of the 2008 financial crisis. The article then takes the lessons learned from the creation of the MFMP and extrapolates them into recommendations for similar programs.
February 8, 2012
This article uses the Dispute System Design Theory as a lens through which to analyze the Marquette Foreclosure Mediation Program (MFMP), implemented in Milwaukee in the aftermath of the 2008 financial crisis. The article then takes the lessons learned from the creation of the MFMP and extrapolates them into recommendations for similar programs.
Pennzoil v. Texaco, Twenty Years After: Lessons for Business Lawyers
February 8, 2012
This article provides a brief description of the corporate transaction that gave rise to the Pennzoil v. Texaco lawsuit. The Pennzoil case offers several lessons for business lawyers. One important lesson is that business lawyers should consider whether arbitration clauses will benefit clients when drafting contracts.
February 8, 2012
This article provides a brief description of the corporate transaction that gave rise to the Pennzoil v. Texaco lawsuit. The Pennzoil case offers several lessons for business lawyers. One important lesson is that business lawyers should consider whether arbitration clauses will benefit clients when drafting contracts.
WTO Case Review 2004
February 8, 2012
This article is a review of cases from the World Trade Organization for the year 2004. It discusses several situations in which trade negotiations played a prominent role. The author examines these negotiations primarily through the lens of the Doha Development Round which deals with the proliferation of regional trade agreements.
February 8, 2012
This article is a review of cases from the World Trade Organization for the year 2004. It discusses several situations in which trade negotiations played a prominent role. The author examines these negotiations primarily through the lens of the Doha Development Round which deals with the proliferation of regional trade agreements.
Developing the MRI (Mediation Receptivity Index)
February 8, 2012
This article explores the creation of an index to determine a jurisdiction's receptivity to mediation. The author sets the parameters for the index, spending much of the article explaining the model and how it can be effective.
February 8, 2012
This article explores the creation of an index to determine a jurisdiction's receptivity to mediation. The author sets the parameters for the index, spending much of the article explaining the model and how it can be effective.
Evolving Issues in Reinsurance Disputes: The Power of Arbitrators
February 8, 2012
This article examines emerging areas of the law governing certain procedural powers of arbitrators that have impacted and will continue to impact reinsurance arbitrations, as well as other commercial disputes.
February 8, 2012
This article examines emerging areas of the law governing certain procedural powers of arbitrators that have impacted and will continue to impact reinsurance arbitrations, as well as other commercial disputes.
Maintaining the Home Court Advantage: Forum Shopping and the Small Business Client
February 8, 2012
This article discusses the importance for small business clients to litigate their suits as close to home as possible. The article talks about the several means through which lawyers representing small business clients can attempt to litigate the suits in the closest possible forum and points to arbitration clauses in contracts as a means of saving the small business clients from the costly and inefficient ordeal of litigation. It provides a brief summary of arbitration clauses and their benefits.
February 8, 2012
This article discusses the importance for small business clients to litigate their suits as close to home as possible. The article talks about the several means through which lawyers representing small business clients can attempt to litigate the suits in the closest possible forum and points to arbitration clauses in contracts as a means of saving the small business clients from the costly and inefficient ordeal of litigation. It provides a brief summary of arbitration clauses and their benefits.
