In resolution of international contract disputes, arbitrators may sometimes show greater fidelity than courts to the parties' intentions and established rule of a chosen law, foregoing any policy-making function similar to that sometimes asserted by common law judges. In adjusting international...

Generally speaking, each individual jurisdiction has adopted its own approach concerning the rules on the determination of the governing law applicable in proceedings in international matters. In the international practice, arbitral panels usually distinguish four relatively autonomous areas...

The problem of "creeping legalism," or incremental formalism, in grievance arbitration cases has been a continuing refrain in legal literature; however, until now empirical research concerning this problem has been scant. This study provides the most comprehensive and thorough analysis to date...

Despite local instances of single arbitrators’ corruption not having proven completely absent from arbitration chronicles over the last decades, one may safely argue that until very recently, no scandal had ever been severe enough to shake the foundations of arbitration communities on a...

After a generation of growing emphasis on informal methods of conflict resolution, the surrounding legal landscape remains quot;aimless, meandering, and . . . confusing.quot; The quot;penumbraquot; of arbitration law - a body of judicial decisions involving application of federal or state...

Despite a longstanding strategy employed by labor unions of staying out of the handling of statutory employment claims, this article suggests a framework and a rationale for unions to embrace arbitration of race discrimination disputes by analyzing the results from two key 2010 Supreme Court...

The article analyses the fundamental premises of the differentiation between substantive and procedural rules in private international law and arbitration. The author opens the paper with the general differentiation between substantive and procedural rules and the reasons for such...