References
Clearing the Air on Manifest Disregard and Choice of Law in Commercial Arbitration: A Reconciliation of Wilko, Hall Street, and Stolt-Nielsen
February 8, 2012
This article considers manifest disregard and choice of law. The article demonstrates that manifest disregard is an unnecessary addition when discussing choice-of-low provisions in agreements to arbitrate, that the manifest disregard concept is subsumed by the FAA, that the two are tied to the question of whether contracting parties can rely on courts for enforcement, and that based on Supreme Court decisions, manifest disregard of the law is a catch-all misnomer.
February 8, 2012
This article considers manifest disregard and choice of law. The article demonstrates that manifest disregard is an unnecessary addition when discussing choice-of-low provisions in agreements to arbitrate, that the manifest disregard concept is subsumed by the FAA, that the two are tied to the question of whether contracting parties can rely on courts for enforcement, and that based on Supreme Court decisions, manifest disregard of the law is a catch-all misnomer.
Internet Infrastructure and Online Alternative Dispute Resolution
February 8, 2012
This article addresses online alternative dispute resolution (OADR) and explains why the internet, as a medium to conduct ADR in the form of OADR, can be utilized to efficiently resolve such disputes and result in a major boost to electronic commerce.
February 8, 2012
This article addresses online alternative dispute resolution (OADR) and explains why the internet, as a medium to conduct ADR in the form of OADR, can be utilized to efficiently resolve such disputes and result in a major boost to electronic commerce.
Lawyer Views on Mandatory Arbitration
February 8, 2012
The Supreme Court of Arizona commissioned a study of local lawyers' views of arbitration in Arizona. The majority of lawyers surveyed believed that the arbitration process was fair, but not efficient. Lawyers believed the process could be improved in many ways including, but not limited to, arbitrator selection and compensation.
February 8, 2012
The Supreme Court of Arizona commissioned a study of local lawyers' views of arbitration in Arizona. The majority of lawyers surveyed believed that the arbitration process was fair, but not efficient. Lawyers believed the process could be improved in many ways including, but not limited to, arbitrator selection and compensation.
BAPCPA Impact on Preference Mediation
February 8, 2012
The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 triggered changes to federal bankruptcy laws, creating several implications related to the ordinary course defense to preference actions. Gomey believes that the defense will lead to increased mediation activity and concludes that this result was probably not intended by Congress when it enacted the reformed laws.
February 8, 2012
The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 triggered changes to federal bankruptcy laws, creating several implications related to the ordinary course defense to preference actions. Gomey believes that the defense will lead to increased mediation activity and concludes that this result was probably not intended by Congress when it enacted the reformed laws.
Between Commenting and Negotiation: The Contours of Public Participation Agency Rulemaking
February 8, 2012
The author contends that rulemaking, which are laws that executive agencies formulate, has traditionally involved negotiations between agency officials and parties from outside the government with a stake in the action. However, the author argues that contemporary public policy in the United States falls in between commenting on proposed rules and serving on negotiated rulemaking committees. The author uses examples from the Department of Transportation to support his argument.
February 8, 2012
The author contends that rulemaking, which are laws that executive agencies formulate, has traditionally involved negotiations between agency officials and parties from outside the government with a stake in the action. However, the author argues that contemporary public policy in the United States falls in between commenting on proposed rules and serving on negotiated rulemaking committees. The author uses examples from the Department of Transportation to support his argument.
ADR and Transitional Justice as Reconstructing the Rule of Law
February 8, 2012
The article argues that the critique of the rule of law during the twentieth century inspired development of alternative dispute resolution as well as international Transitional Justice. Furthermore, the article argues that the common principles between these two movements are a result of this inspiration and demonstrate an effort to reconstruct the rule of law.
February 8, 2012
The article argues that the critique of the rule of law during the twentieth century inspired development of alternative dispute resolution as well as international Transitional Justice. Furthermore, the article argues that the common principles between these two movements are a result of this inspiration and demonstrate an effort to reconstruct the rule of law.
Incorporating Fairness into Game Theory and Economics
February 8, 2012
People like to help those who are helping them and to hurt those who are hurting them. Outcomes rejecting such motivations are called fairness equilibria. Outcomes are mutual-max when each person maximizes the other's material payoffs, and mutual-min when each person minimizes the other's payoffs. It is shown that every mutual-max or mutual-min Nash equilibrium is a fairness equilibrium. If payoffs are small, fairness equilibria are roughly the set of mutual-max and mutual-min outcomes; if payoffs...
February 8, 2012
People like to help those who are helping them and to hurt those who are hurting them. Outcomes rejecting such motivations are called fairness equilibria. Outcomes are mutual-max when each person maximizes the other's material payoffs, and mutual-min when each person minimizes the other's payoffs. It is shown that every mutual-max or mutual-min Nash equilibrium is a fairness equilibrium. If payoffs are small, fairness equilibria are roughly the set of mutual-max and mutual-min outcomes; if payoffs...
Reconciling European Union Law Demands with the Demands of International Arbitrtion
February 8, 2012
Looking over the history of European Union law and international arbitration law, the author analyzes the ddevelopment of both and their intersection, bringing the attention of the reader to the realities and the nature of the challenges presented as each area of alw continues to grow and mold together.
February 8, 2012
Looking over the history of European Union law and international arbitration law, the author analyzes the ddevelopment of both and their intersection, bringing the attention of the reader to the realities and the nature of the challenges presented as each area of alw continues to grow and mold together.
If You (Re)Build It, They Will Come: Contracts to Remake the Rules of Litigation in Arbitration’s Image
February 8, 2012
In this article, Noye discusses parties' ability to form and implement, through contractual agreements, their own set of public dispute resolution rules. The author concludes that litigation rules may be modified by a contract.
February 8, 2012
In this article, Noye discusses parties' ability to form and implement, through contractual agreements, their own set of public dispute resolution rules. The author concludes that litigation rules may be modified by a contract.
Conflict Resolution
February 8, 2012
How international conflict might be managed or resolved is a major focal point of a very large and growing body of scholarly research. This fourvolume set provides an intellectual history for the fields of conflict management and resolution, as well as some of the best contemporary research on the subject.
February 8, 2012
How international conflict might be managed or resolved is a major focal point of a very large and growing body of scholarly research. This fourvolume set provides an intellectual history for the fields of conflict management and resolution, as well as some of the best contemporary research on the subject.
