References
Doing Business in the Middle East: A Primer for U.S. Companies
February 8, 2012
This article discusses how companies in the United States should approach doing business with the Middle East. It is essential for U.S. companies to understand the fundamental legal and practical implications of doing business in the region. American companies must understand the Middle East and acquaint themselves with the region's history, culture, and religion.
February 8, 2012
This article discusses how companies in the United States should approach doing business with the Middle East. It is essential for U.S. companies to understand the fundamental legal and practical implications of doing business in the region. American companies must understand the Middle East and acquaint themselves with the region's history, culture, and religion.
Note, Indian Arbitration and Public Policy
February 8, 2012
This article analyzes the tension existing between the goals of attracting international investment and promoting domestic public policy. Because of overloaded court dockets, arbitration is a frequent tool not only for international corporate entities but also for individual parties. The article proposes solutions to reconcile the perceived tensions between the goal of fostering international investment and the administration of fair dispute resolution for domestic parties through arbitration.
February 8, 2012
This article analyzes the tension existing between the goals of attracting international investment and promoting domestic public policy. Because of overloaded court dockets, arbitration is a frequent tool not only for international corporate entities but also for individual parties. The article proposes solutions to reconcile the perceived tensions between the goal of fostering international investment and the administration of fair dispute resolution for domestic parties through arbitration.
The Helmsley Case:An Illustration of the Confused State of the Law Surrounding the Manifest Disregard of Law Doctrine as Applied to Arbitration
February 8, 2012
There is much confusion surrounding the application of the manifest disregard of law doctrine with regard to arbitral awards. This note argues that either Supreme Court or legislative intervention is necessary to resolve this confusion.
February 8, 2012
There is much confusion surrounding the application of the manifest disregard of law doctrine with regard to arbitral awards. This note argues that either Supreme Court or legislative intervention is necessary to resolve this confusion.
Between Rights and Contract: Arbitration Agreements and Non-Compete Covenants as a Hybrid form of Employment Law
February 8, 2012
The employment relationship is governed largely by contract, but with a heavy overlay of rights: minimum terms and individual rights that are established by external law and typically non-waivable. But some terms of employment are governed neither by ordinary contract nor by ordinary rights, nor even by ordinary waivable rights. Consider the two most controversial instruments in employment law today: non-compete covenants (NCCs) and mandatory arbitration agreements (MAAs). Both take the form of written...
February 8, 2012
The employment relationship is governed largely by contract, but with a heavy overlay of rights: minimum terms and individual rights that are established by external law and typically non-waivable. But some terms of employment are governed neither by ordinary contract nor by ordinary rights, nor even by ordinary waivable rights. Consider the two most controversial instruments in employment law today: non-compete covenants (NCCs) and mandatory arbitration agreements (MAAs). Both take the form of written...
When an Arbitration Ruling Must be Overturned: The Commonwealth Court’s Proper Application of the Essence Test in Slippery Rock v. APSCUF
February 8, 2012
The author examines the Pennsylvania Commonwealth Court's decision in Slippery Rock v. APSCUF and approves the court's rejection of the arbitrator's decision under the essence test doctrine. The essence test, which requires an arbitrator's decision to logically flow from the CBA, is an appropriate standard of review for courts in determining whether the arbitrator adhered to the terms of the collective bargaining agreement.
February 8, 2012
The author examines the Pennsylvania Commonwealth Court's decision in Slippery Rock v. APSCUF and approves the court's rejection of the arbitrator's decision under the essence test doctrine. The essence test, which requires an arbitrator's decision to logically flow from the CBA, is an appropriate standard of review for courts in determining whether the arbitrator adhered to the terms of the collective bargaining agreement.
The Revolution in Law Through Arbitration
February 8, 2012
The article explores how arbitration has revolutionized the practice of law. The author looks at the development of a strong federal policy favoring arbitration and how this affects American law.
February 8, 2012
The article explores how arbitration has revolutionized the practice of law. The author looks at the development of a strong federal policy favoring arbitration and how this affects American law.
Role Effects in Negotiation: The One-Down Phenomenon
February 8, 2012
Role is a concept that underlies most studies of human behavior in negotiation as subjects take on the roles of buyers and sellers or labor and management contract bargainers, for example Naturalistic studies also focus on such roles as teacher and administrator contract bargainers, hostage takers and hostage negotiators, Palestinian and Israeli peace negotiators, and husbands and wives in divorce mediations. This article examines these role effects and finds consistent patterns across both experimental...
February 8, 2012
Role is a concept that underlies most studies of human behavior in negotiation as subjects take on the roles of buyers and sellers or labor and management contract bargainers, for example Naturalistic studies also focus on such roles as teacher and administrator contract bargainers, hostage takers and hostage negotiators, Palestinian and Israeli peace negotiators, and husbands and wives in divorce mediations. This article examines these role effects and finds consistent patterns across both experimental...
What if the Lawyers Have Their Way? An Empirical Assessment of Conflict Strategies and Attitudes Toward Mediation Styles
February 8, 2012
Mediator style is the main focus of this article; specifically, attorneys' roles in selecting mediators, and how that selection is influenced by the attorneys' conflict styles. The article then compares these preferences with facilitative and evaluative methods.
February 8, 2012
Mediator style is the main focus of this article; specifically, attorneys' roles in selecting mediators, and how that selection is influenced by the attorneys' conflict styles. The article then compares these preferences with facilitative and evaluative methods.
Note, The Trouble We Have with the Iraqis is US: A Proposal for Alternative Dispute Resolution in the New Iraq
February 8, 2012
In this Note the author expresses a belief that the emerging democracy of Iraq should implement mediation as an alternative form of dispute resolution. It also explores the role that dispute resolution has played historically in Islamic society. The Note concludes that mediation is the most suitable method of ADR available to Islamic Iraqi people. The author proposes ways in which persons from non-Islamic backgrounds can approach mediation in Islamic Iraq.
February 8, 2012
In this Note the author expresses a belief that the emerging democracy of Iraq should implement mediation as an alternative form of dispute resolution. It also explores the role that dispute resolution has played historically in Islamic society. The Note concludes that mediation is the most suitable method of ADR available to Islamic Iraqi people. The author proposes ways in which persons from non-Islamic backgrounds can approach mediation in Islamic Iraq.
NAFTA Panel Rules in U.S. Favor in Methanex Case
February 8, 2012
In August 2005, an arbitral panel created under NAFTA found in favor of the United States and rejected the claims of Methanex, a Canadian corporation. Methanex alleged that a California state ban on a product made by Methanex violated provisions of NAFTA. The arbitral panel found in favor of the United States, citing an ability to establish jurisdiction over the California measures. The panel ordered Methanex to pay all arbitration costs related to the proceedings.
February 8, 2012
In August 2005, an arbitral panel created under NAFTA found in favor of the United States and rejected the claims of Methanex, a Canadian corporation. Methanex alleged that a California state ban on a product made by Methanex violated provisions of NAFTA. The arbitral panel found in favor of the United States, citing an ability to establish jurisdiction over the California measures. The panel ordered Methanex to pay all arbitration costs related to the proceedings.
