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All articles tagged '"judicial review"'
36 articles found
Arbitration and the Contract Exchange
By Beth Graham - September 29, 2014
Andrew A. Schwartz, Associate Professor of Law at the University of Colorado Law School, has published Arbitration and the Contract Exchange, Ohio State Journal on Dispute Resolution, Vol. 29, No. 2, 2014; U of Colorado Law Legal Studies Research Paper No. 14-7.
The Role of Arbitrators as Ethics Enforcers
By Beth Graham - April 1, 2014
Kristen Blankley, Assistant Professor at the University of Nebraska College of Law, has published Lying, Stealing, and Cheating: The Role of Arbitrators as Ethics Enforcers, University of Louisville Law Review, Vol. 52, No. 442, 2014.
October 2013 Supreme Court Term Begins
By Beth Graham - October 7, 2013
The United States Supreme Court began its October 2013 term today. One of the cases the high court will consider this fall is BG Group PLC v. Republic of Argentina, Docket No. 12-138.
The Federal Arbitration Act and Displacement of Agency Regulation
By Beth Graham - July 30, 2013
Maureen Weston, Professor of Law at Pepperdine University School of Law, has published a timely article entitled, The Accidental Preemption Statute: The Federal Arbitration Act and Displacement of Agency Regulation, 6 Penn. St. Y.B. on Arb. & Mediation 59 (2013); Pepperdine University Legal Studies Research Paper No. 2013/15.
Fifth Circuit Affirms Order Despite Alleged Arbitrator Misconduct
By Beth Graham - July 26, 2013
In an unpublished opinion, the United States Fifth Circuit Court of Appeals has affirmed a lower court’s refusal to vacate an arbitration award and reopen a case despite alleged arbitrator misconduct.
Part One: A Brief Overview of the Delaware Arbitration Program
By Karl Bayer - June 5, 2013
The following is Part One of a three-part overview of Pepperdine University School of Law Professor Thomas Stipanowich’s article entitled “In Quest of the Arbitration Trifecta, or Closed Door Litigation?: The Delaware Arbitration Program.” The paper is a fascinating read for anyone in the arbitration field. Following the format of Professor Stipanowich’s article, Part One will provide a brief background on the history of the Delaware Arbitratio
What Judges Write When They Write About Mediation
By Beth Graham - March 17, 2013
Professor Jennifer W. Reynolds of the University of Oregon School of Law has published a thoughtful article entitled Judicial Reviews: What Judges Write When They Write About Mediation, Penn State Yearbook on Arbitration & Mediation, Vol. 5, 2013. In her publication, Professor Wilson discusses the role of mediation in the legal system from a judge’s perspective. Here is the abstract: Judges are uniquely positioned to comment on the phenomenon
Mandatory Predispute Consumer Arbitration, Structural Bias, and Incentivizing Procedural Safeguards
By Beth Graham - March 4, 2013
Pennsylvania State University’s William Trickett Faculty Scholar and Professor of Law Nancy Welsh has published a thoughtful paper entitled Mandatory Predispute Consumer Arbitration, Structural Bias, and Incentivizing Procedural Safeguards, 42 Southwestern University Law Review 187, 2012; Penn State Legal Series Research Paper No. 1-2013. In her paper, Professor Welsh discusses the increasing use of mandatory consumer arbitration clauses that inc
Fifth Circuit Affirms Arbitration Decision on Collective Bargaining Agreement
By Beth Graham - February 13, 2013
In January, the United States Fifth Circuit Court of Appeals upheld an arbitrator’s decision in a case that arose pursuant to a collective bargaining agreement. In Albemarle Corporation v. United Steel Workers AOWU Local 103, No. 11-31185 (5th Cir. Jan. 3, 2013), two Albemarle Corporation (“Albemarle“) employees were terminated for alleged safety violations. Their union, United Steel Workers (“USW”), represented the men in arbitration under the p
U.S. Supreme Court Vacates Oklahoma Supreme Court: FAA Statue Prevails over Oklahoma State
By Jeremy Clare - November 26, 2012
The U.S. Supreme Court vacated an Oklahoma Supreme Court decision because the decision ignored a basic tenet of the Federal Arbitration Act (“FAA”) and did not allow the arbitrator to rule on the validity of the contracts. Background In Nitro-Lift Technologies, L.L.C. v. Eddie Lee Howard, et al, 568 U.S. ___ (Nov. 26, 2012), a dispute arose between Nitro-Lift Technologies (“Nitro-Lift”) and two of its former employees, Eddie Lee Howard and
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