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Article | National Roundtable on Consumer and Employment Dispute Resolution: Consumer Arbitration Roundtable Summary Report
By Victoria VanBuren - July 3, 2012
Professors Thomas Stipanowich (Pepperdine University School of Law), Nancy Welsh (Penn State University School of Law), Lisa Blomgren Bingham (Indiana University Bloomington), and Lawrence R. Mills have posted “National Roundtable on Consumer and Employment Dispute Resolution: Consumer Arbitration Roundtable Summary Report” on SSRN. The abstract is: Building upon the work of the ABA Dispute Resolution Section’s Consumer Arbitrat
Article | Mandatory Arbitration of Internal Trust Disputes: Improving Arbitrability and Enforceability Through Proper Procedural Choices
By Victoria VanBuren - June 27, 2012
Professor S.I. Strong (University of Missouri School of Law) has posted “Mandatory Arbitration of Internal Trust Disputes: Improving Arbitrability and Enforceability Through Proper Procedural Choices,” 28 Arbitration International __ (forthcoming 2012) on SSRN. The abstract is: Trusts and their civil law equivalents, often known as foundations or associations, play a large and increasing role in the global economy, holding trillions of doll
Article | Mass Procedures in Abaclat v. Argentine Republic: Are They Consistent with the International Investment Regime?
By Victoria VanBuren - June 20, 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) on SSRN. Here is the abstract: Abaclat v. Argentine Republic is the first time that a mass claim (in this case, 60,000 Italian bondholders) has been brought in an investment arbitration. This Article consi
Article | Arbitration of environmental disputes
By Victoria VanBuren - June 13, 2012
We stumbled upon the article “Arbitration of Environmental Disputes” by David McCutcheon from Fraser Milner Casgrain LLP. Here is an excerpt: For commercial dispute resolution arbitration has become the preferred solution that provides a fast, efficient and commercially appropriate approach to resolving complicated disputes in a reasonable timeframe. Although there is some use of arbitration for environmental disputes, court actions h
Article | An Empirical Study of Predispute Mandatory Arbitration Clauses in Social Media Terms of Service Agreements
By Victoria VanBuren - June 5, 2012
We came across an interesting article entitled “An Empirical Study of Predispute Mandatory Arbitration Clauses in Social Media Terms of Service Agreements,” by Michael L. Rustad, Richard Buckingham, Diane D’Angelo, and Katherine Durlacher, forthcoming at the University of Arkansas at Little Rock Law Review. Here is the abstract: With predispute mandatory arbitration clauses, a large and growing number of social networking sites
Article | Border Skirmishes: The Intersection Between Litigation and International Commercial Arbitration
By Victoria VanBuren - May 23, 2012
Professor S.I. Strong (University of Missouri School of Law) has posted Border Skirmishes: The Intersection Between Litigation and International Commercial Arbitration, 2012 Journal of Dispute Resolution __ (forthcoming 2012) on SSRN. Here is the abstract: This Essay considers the tension between the autonomous theory of international commercial arbitration and the more interactive theory advanced by Gary Born during his keynote address at the re
Article | Navigating the Borders Between International Commercial Arbitration and U.S. Federal Courts: A Jurisprudential GPS
By Victoria VanBuren - May 16, 2012
We invite you to read yet another forthcoming article by Professor S.I. Strong entitled “Navigating the Borders Between International Commercial Arbitration and U.S. Federal Courts: A Jurisprudential GPS.” The piece will appear in 2012 Journal of Dispute Resolution __ (forthcoming 2012). Here is the abstract: To the uninitiated, international commercial arbitration may seem as if it “isn’t all that different” from domestic arbitration or li
Article | Empowering Settlors: How Proper Language Can Increase the Enforceability of a Mandatory Arbitration Provision in a Trust
By Victoria VanBuren - May 9, 2012
In a new article, Empowering Settlors: How Proper Language Can Increase the Enforceability of a Mandatory Arbitration Provision in a Trust, forthcoming in REAL PROPERTY, TRUST AND ESTATE LAW JOURNAL, available now in SSRN, Professor S.I. Strong discusses the increasingly important topic of trust arbitration. Here is the abstract: With hostile trust litigation reaching epidemic proportions, many people within the trust industry are interested in i
Article | The Errors of Comity: Forum Non Conveniens Returns to the Second Circuit
By Victoria VanBuren - May 2, 2012
We invite you to read Professor Alan Scott Rau’s (pictured right) most recent article entitled “The Errors of Comity: Forum Non Conveniens Returns to the Second Circuit,” American Review of International Arbitration, Forthcoming August 2012, Energy Center Research Paper No. 12-04. Here is the abstract: What a federal court is expected to do when asked to enforce a foreign arbitral award — what constraints the Conventions i
Article | The Arbitration Fairness Index: Using a Public Rating System to Skirt the Legal Logjam and Promote Fairer and More Effective Arbitration of Employment and Consumer Disputes
By Victoria VanBuren - March 12, 2012
We invite you to check out Professor Thomas J. Stipanowich’s (pictured right) latest article: The Arbitration Fairness Index: Using a Public Rating System to Skirt the Legal Logjam and Promote Fairer and More Effective Arbitration of Employment and Consumer Disputes. The piece is being published in an arbitration symposium issue of the Kansas Law Review, but it is now available for download here. The abstract is as follows: Recent Supreme C
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