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ADR Techniques Are Gaining Popularity in Collective Bargaining Disputes
By Beth Graham - February 6, 2013
Charles B. Craver, Freda H. Alverson Professor of Law at the George Washington University Law School recently published a thought-provoking article entitled The Use of Alternative Dispute Resolution Techniques to Resolve Public Sector Bargaining Disputes, Ohio State Journal on Dispute Resolution, Vol. 28, p. 45, 2013. In his article, Professor Craver examines the growing use of alternative dispute resolution techniques in public sector bargaining
Taming the Wild West of Arbitration Ethics
By Beth Graham - January 28, 2013
Kristen Blankley, Assistant Professor at the University of Nebraska College of Law has authored an interesting article entitled Taming the Wild West of Arbitration Ethics, Kansas Law Review, Forthcoming. In her article, Professor Blankley examines legal ethics in the arbitral forum. Here is the abstract: The boundaries of ethical behavior in litigation are well known and understood in the legal community. Attorneys and parties cannot lie under oa
Overcoming Barriers to Consistent Application of Principles of Public International Law
By Victoria VanBuren - December 21, 2012
Professor S.I. Strong, from the University of Missouri School of Law (and a friend of this blog) has posted on SSRN the book chapter entitled “Monism and Dualism in International Commercial Arbitration: Overcoming Barriers to Consistent Application of Principles of Public International Law, to be published in “Basic Concepts of Public International Law: Monism and Dualism,” edited by Marko Novakovic, Forthcoming, University of M
The Guide to Dispute Resolution Processes
By Victoria VanBuren - November 29, 2012
The American Bar Association (ABA) Guide to Dispute Resolution Processes is designed to educate members of the public about dispute resolution processes commonly used to resolve legal, community, school, public policy and many other types of disputes. You may download the Guide (for free) here. “What Is Dispute Resolution? Dispute resolution is a term that refers to a number of processes that can be used to resolve a conflict,
Program on Negotiation at Harvard | Why Aren’t Mediation and Arbitration More Popular?
By Victoria VanBuren - October 30, 2012
The Harvard Program on Negotiation (PON) has discussed this issue recently: Many scholars have noted that the business community would greatly benefit from third-party dispute resolution services. The problem is, there isn’t much demand for mediation or arbitration. If the alternative dispute resolution field has in fact built a better mousetrap, why isn’t the market buying it? Continue reading at the Harvard Program on Negotiation.
Article | What Constitutes an ‘Agreement in Writing’ in International Commercial Arbitration? Conflicts Between the New York Convention and the Federal Arbitration Act
By Victoria VanBuren - October 10, 2012
Professor S.I. Strong (University of Missouri School of Law) has published “What Constitutes an ‘Agreement in Writing’ in International Commercial Arbitration? Conflicts Between the New York Convention and the Federal Arbitration Act,” 48 Stanford Journal of International Law 47 (2012). The abstract is: This Article investigates whether and to what extent a party must produce an “agreement in writing” when seeking to enforce an intern
Article | Does Class Arbitration ‘Change the Nature’ of Arbitration? Stolt-Nielsen, AT&T and a Return to First Principles
By Victoria VanBuren - October 3, 2012
Professor S.I. Strong (University of Missouri School of Law) has published “Does Class Arbitration ‘Change the Nature’ of Arbitration? Stolt-Nielsen, AT&T and a Return to First Principles,” 17 Harvard Negotiation Law Review 201 (2012). The abstract is: In Stolt-Nielsen S.A. v. AnimalFeeds International Corp., the United States Supreme Court stated that class arbitration “changes the nature of arbitration,” an idea that was also reflect
Article | Mass Procedures in Abaclat v. Argentine Republic: Are They Consistent With the International Investment Regime?
By Victoria VanBuren - September 26, 2012
Professor S.I. Strong (University of Missouri School of Law) has posted “Mass Procedures in Abaclat v. Argentine Republic: Are They Consistent With the International Investment Regime?” 3 Yearbook on International Arbitration __ (forthcoming 2012) – preprinted in 9 Transnational Dispute Management (Aug. 2012) The abstract is: Abaclat v. Argentine Republic is the first time that a mass claim (in this case, 60,000 Italian bondholders) h
Article | Mass Procedures as a Form of ‘Regulatory Arbitration’ | Abaclat v. Argentine Republic and the International Investment Regime
By Victoria VanBuren - September 19, 2012
Professor S.I. Strong (University of Missouri School of Law) has posted “Mass Procedures as a Form of ‘Regulatory Arbitration’ – Abaclat v. Argentine Republic and the International Investment Regime,” 38 The Journal of Corporation Law __ (forthcoming 2013) on SSRN. The abstract is: Commentators and counsel agree that Abaclat v. Argentine Republic is one of the most important investment arbitrations in recent years. Described alternatively as “unp
Article | Recent Supreme Court Arbitration Rulings Affect Employment and Class Action Arbitrations
By Victoria VanBuren - August 16, 2012
Professor Kristen Blankley (University of Nebraska College of Law) has posted “Recent Supreme Court Arbitration Rulings Affect Employment and Class Action Arbitrations” on SSN. It is a short article discussing recent class action arbitration and employment arbitration cases. You may download the article (for free) here.
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