Showing 101 - 110 of 6,745
Persistent link: https://www.econbiz.de/10013103656
Arbitration innumeracy, as I use the phrase here, is the “inability to deal comfortably with the fundamental notions of … number and chance” in evaluating arbitration, particularly consumer and employment arbitration. This article discusses a … number of examples of possible arbitration innumeracy — cases in which statistics about arbitration are incomplete or …
Persistent link: https://www.econbiz.de/10013104137
In this Article, Professors Abrams and Nolan discuss the principles which should be used by labor arbitrators in resolving subcontracting grievances under collective bargaining agreements. These disputes involve the fundamental and conflicting interests of labor and management in job security...
Persistent link: https://www.econbiz.de/10013106052
the federal securities laws and derivative suits. Recent Supreme Court decisions however that favor mandatory arbitration … fraud claims as single party arbitration. The article discusses how this would seriously imperil needed remedies to combat …
Persistent link: https://www.econbiz.de/10013107162
litigation reaching epidemic proportions, arbitration would seem to be many parties' dispute resolution mechanism of choice. To … some extent, this is very much the case, with arbitration often being used to resolve conflicts between trusts and external … third parties. However, arbitration of internal trust disputes – by far the more common type of concern in this area of law …
Persistent link: https://www.econbiz.de/10013107270
In just over a decade, the international system for mandatory arbitration of domain name disputes has disposed of more … voluntary, and identifies the lessons that may be drawn from this experience for other arbitration systems …
Persistent link: https://www.econbiz.de/10013108402
ability of member states to submit disputes to ICSID arbitration. The Salini debate is central to this field, because it … shapes the nature, purpose, and volume of ICSID arbitration – and also determines who gets to decide those matters. In …
Persistent link: https://www.econbiz.de/10013108471
possibility of choosing the lex arbitri, as the areas that come into consideration in connection with arbitration. They include … applicable to the assessment of validity and effects of the arbitration agreement. The determination of the law applicable to the … arbitration agreement is by no means an end in itself. If we accept the premise that the validity of the arbitration agreement is …
Persistent link: https://www.econbiz.de/10013081363
Persistent link: https://www.econbiz.de/10013082180
In this article, I argue for caution in embracing family arbitration as a new form of private ordering for resolving … parties' financial disputes. I explain that family arbitration may be more successful than other forms of private ordering and …-led negotiations remain the most common form of out-of-court resolution, however, family arbitration's impact may not be numerically …
Persistent link: https://www.econbiz.de/10013084057