Recently added articles from Dispute Resolution Journal:
Putting the Focus on the Customer
Nov 01, 2008; ... From the President of the American Arbitration Association (AAA) A commitment to positive, effective change: It imbues the behavior of the full spectrum of businesses that finally recognize that the old way of doing things-namely having a productcentric strategic orientation-is no longer ...
Confusion about "Manifest Disregard" After Hall Street v. Mattel
Nov 01, 2008; ... Supreme Court Returns "Manifest Disregard" Ruling to 9th Circuit U.S. SUPREME COURT DEVELOPMENTS Manifest disregard of the law has been a common law ground to vacate an award since the notion was stated in dicta in 1953 in Wilko v. Swann (346 U. S. 427, 1953). All the federal ...
Notice of Changes to the AAA's Pension Arbitration Rules: Comments Requested
Nov 01, 2008; ... The AAA is about to consider changes to the folowing pensionrelated arbitration rules: (1) Employee Benefit Plan Claims Arbitration Rules (2) Impartial Umpire Rules for Arbitation of Impasses Between Trustees of Joint Employee Benefit Trust Funds, and (3) Multi-Employer ...
High Court Hears Debate on Federal Question Jurisdiction
Nov 01, 2008; ... The U.S. Supreme Court heard oral argument on Oct. 6 in Betty E. Vaden v. Discover Bank (No. 07-773, review granted March 17, 2008). The Court is expected to decide an important jurisdictional question: whether a district court may "look through" to the underlying complaint in a case in order to ...
Correction
Nov 01, 2008; ... In the August-October 2008 issue we misspelled the name of one of our authors. The name of this ...
Certiorari Granted
Nov 01, 2008; ... On Nov. 7, the Supreme Court granted review of a 6th Circuit case holding that Section 16(a)(1) of the Federal Arbitration Act precluded an appeal of an order denying a stay pending arbitration where the ...
2008 Litigation Trends Survey Released
Nov 01, 2008; ... NEW SURVEY A 2008 survey of senior corporate counsels at U.S. and U.K. companies reveals their experiences with litigation and some types of arbitration during the recent past and their expectations and concerns for the future. Three-hundred and fifty-eight attorneys from legal ...
Empirical Study Evaluates Decision to Reject Settlements
Nov 01, 2008; ... NEW ADR STUDIES A new large-scale, empirical study of errors made in unsuccessful settlement negotiations in arbitration and litigation concludes that the context of the negotiations (i.e., the type of case and the forum) affects lawyer/client decisional error more than the ...
Study Compares U.S. DOJ's Use of ADR and Litigation
Nov 01, 2008; ... A study comparing the U.S. Department of Justice's use of alternative dispute resolution (ADR) processes with traditional litigation concluded that ADR can remove the problems of time and cost without sacrificing the "quality of macrojustice." According to the study, which focused on the period ...
Study of Final-Offer Arbitration
Nov 01, 2008; ... A study by two University of Arkansas professors demonstrates that when the parties' proposals are made known to the adversary during the course of final-offer arbitration, the parties end up spending less money to resolve their dispute. In final-offer arbitration, an arbitrator does not ...
Employment Discrimination Plaintiffs Do Poorly in Federal Court, Study Says
Nov 01, 2008; ... In December 2008, Harvard Law and Policy Review, the official journal of the American Constitution Society for Law and Policy (ACSLP) will publish a study showing that federal courts disfavor employment discrimination cases, and that plaintiffs with employment discrimination claims are ...
What's New in European Arbitration?
Nov 01, 2008; ... INTERNATIONAL DEVELOPMENTS Recent Decisions by National Courts England. The English Court of Appeal has recently considered whether the High Court has jurisdiction to grant a "freezing injunction" in aid of attachment proceedings in another jurisdiction that were commenced in aid ...
ILA Offers Guidance on Determining the Contents of Applicable Law
Nov 01, 2008; ... A report by the International Law Association's (ILA) Committee on International Commercial Arbitration, presented at the ILA's 2008 Biennial Conference in Rio de Janeiro this past August, contains 15 recommendations to assist arbitrators in determining the contents of the applicable law in ...
NYC Bar Association Report Suggests Best Practices for § 1782 Discovery
Nov 01, 2008; ... A report issued by the Committee on International Commercial Disputes of the Association of the Bar of the City of New York (ABCNY) proposes several best practices for district courts that receive applications under Section 1782 of Title 28 of the United States Code to obtain discovery in aid of ...
Other International News
Nov 01, 2008; ... * The Advocate General of the European Court of Justice has issued an opinion that could foreclose the use of anti-foreign suit injunctions by the English courts. The opinion was issued in connection with a case on appeal to the House of Lords. This case is discussed in detail in the column ...
Renaud Sorieul Appointed New UNCITRAL Secretary
Nov 01, 2008; ... The United Nations announced on Oct. 1, 2008, that Renaud Sorieul, a French national and a former judge, became the new director of the International Trade Law Division of the United Nations Office of Legal Affairs, which serves as the secretary of the UN Commission on International Trade Law ...
ICDR Offers Concurrent Mediation/Arbitration Clause
Nov 01, 2008; ... ICDR DEVELOPMENTS Mediation is said to be widely accepted by attorneys who counsel companies that engage in international commerce and the outside counsel they retain to represent them in connection with disputes. 1 Yet there appears to be a vast difference between the number of lawyers ...
READER MAIL/Carolyn Chave replies
Nov 01, 2008; ... Recently I was successful in vacating a post-hearing award of attorney's fees that was issued by an arbitrator based on a post-hearing submission without giving my client an opportunity to be heard on the issue. This case, Application of Inyx, Inc. v. Bartke (No. 600 828/08, Sup. Ct., ...
RESPECT IN MEDIATION: A COUNTER TO DISRESPECT IN THE WORKPLACE
Nov 01, 2008; ... Respect is a universal need. Unfortunately, its opposite, disrespect, can be found in many places of employment, from corporate board rooms to assembly lines. Work plays a central role in the lives of Americans; much of our sense of identity and worth, our self-respect, is determined by how well ...
What Labor Arbitrators Should Know About Arbitral Immunity
Nov 01, 2008; ... An overview of the law on arbitrator immunity and its application to labor arbitrators. Most professions face legal consequences for professional negligence. This is why professional liability insurance exists. At a recent training program I attended for new labor arbitrators, the ...