Topic
Arbitration
Posts
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ArticleVol. 104 · Iss. 1
Trust Litigation
There is a blind spot at the center of American inheritance law. In the late twentieth century, revocable living trusts (rev trusts) replaced wills…
David Horton, Reid Kress Weisbord & Christopher J. Ryan, Jr. -
ArticleVol. 102 · Iss. 5
Accidental Arbitration
The Supreme Court’s muscular interpretation of the Federal Arbitration Act (FAA) has encouraged businesses to insert arbitration clauses in untold millions of contracts. This…
David Horton -
CommentaryVol. 101 · Iss. 3
Arbitrating Corruption
One of the most controversial issues in international investment law is how arbitral panels should deal with investments tainted by corruption at their inception.…
Rachel Brewster -
ArticleVol. 100 · Iss. 6
Recent Developments in Mandatory Arbitration Warfare: Winners and Losers (So Far) in Mass Arbitration
Introduction Mass arbitration has sent shock waves through the civil justice system and unnerved the defense bar. To see how quickly and dramatically this…
J. Maria Glover -
NoteVol. 100 · Iss. 4
WIPO Arbitration: A Promising Solution to the Injunction Chaos of Frand Disputes
Introduction The legal battles in the telecommunications industry are fierce. The fact that no single industrial player is the single global leader in 5G…
Yi Chen -
ArticleVol. 88 · Iss. 4
Rationalizing Costs in Investment Treaty Arbitration
International investment and related disputes are on the rise. With national courts generally unavailable and difficulties resolving disputes through diplomacy, investment treaties give investors…
Susan D. Franck -
NoteVol. 96 · Iss. 1
Mahr Provisions and the Case for Shari’a Arbitration
The global Muslim population is currently estimated at 1.8 billion people, comprising twenty-four percent of the total global population. The United States alone is…
Cora Allen -
ArticleVol. 92 · Iss. 3
Resolving Intrastate Conflicts of Laws: The Example of the Federal Arbitration Act
Choice-of-law analysis is typically thought of as confined to the multistate setting. This is a mistake. To the contrary, conflicts often appear between statutes…
Andrew D. Bradt -
ArticleVol. 97 · Iss. 6
‘The Peculiar Genius of Private-Law Systems’: Making Room for Religious Commerce
Religious commerce has long sat uncomfortably at the nexus of public law and private law. On the one hand, such transactions invariably have garden-variety commercial objectives,…
Michael A. Helfand -
ArticleVol. 91 · Iss. 3
The Arbitration Clause as Super Contract
It is widely acknowledged that the purpose of the Federal Arbitration Act (FAA) was to place arbitration clauses on equal footing with other contracts.…
Richard Frankel -
ArticleVol. 97 · Iss. 1
Hushing Contracts
The last few years have brought a renewed appreciation of the costs of nondisclosure agreements that suppress information about sexual wrongdoing. Recently passed bills…
David A. Hoffman & Erik Lampmann -
CommentaryVol. 98 · Iss. 3
Arbitrator Diversity: Can It Be Achieved?
The 2018 lawsuit Jay-Z brought against the American Arbitration Association (AAA) because the list of twelve arbitrators AAA provided in a breach of contract…
Sarah Rudolph Cole