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Horizons: Conversations About Future Directions in Dispute Resolution

Thursday, January 29, 2015
5:00 – 9:00 PM | TBD

Friday, January 30,  2015
8:30 AM – 4:00 PM | TBD

 

Arbitration

ARTICLES
Matthew H. Adler, Figueiredo v. Peru: A Step Backward for Arbitration Enforcement, 32 Nw. J. Int’l L. & Bus. 38A (2012).
This article discusses the case of Figueiredo v. Peru. This author analyzes the decision of the Second Circuit in that case and the impact it can have on internationally arbitrated award settlements
{44} ARBITRATION—GENERAL
{92} SUBJ MATTER: INT’L
{122} SETTLEMENT: ENFORCEMENT OF SETTLEMENT OR AWARD
 
Elbert H. Aull IV, Note, Zero Tolerance, Frivolous Juvenile Court Referrals, and the School-to-Prison Pipeline: Using Arbitration as a Screening-Out Method to Help Plug the Pipeline, 27 Ohio St. J. on Disp. Resol. 179 (2012).
This note suggests that states use arbitration as a method to screen out frivolous juvenile court referrals from school-based incidents, establishing disciplinary review boards that would serve as a prophylactic measure to prevent zero tolerance policies from violating the constitutional rights of students.
{44} ARBITRATION—GENERAL
{83} SUBJ. MATTER: EDUCATION
 
Yvonne Baatz, Jurisdiction and Arbitration in Multimodal Transport, 36 Tul. Mar. L.J. 643 (2012).
This article examines the issue of whether jurisdiction agreements in multimodal transport should be determined by a court or by arbitration. In analyzing this issue, the author considers various historical approaches and concludes that there are two major unanswered questions that prevent the initial issue form being determined.
{44} ARBITRATION—GENERAL
{97} SUBJ MATTER: MARITIME

Joshua Baker, Comment, Alternative Dispute Resolution – Tuetken v. Tuetken: Reinforcing the Duty of the Court to Protect the Best Interests of the Child, 42 U. Mem. L. Rev. 831 (2012)
This article opines on the ramifications of the case of Tuetken v.Tuetken.  The author states that the court correctly put the welfare of the child first in domestic disputes, including situations not normally subject to review such as arbitration outcomes.
{44} ARBITRATION—GENERAL
{85} SUBJ MATTER: FAMILY (DOMESTIC REL.)
{133} COURT REFORMS
Jessica Beess und Chrostin, Recent Development, Sovereign Debt Restructuring and Mass Claims Arbitration Before the ICSID, The Abaclat Case, 53 HARV INT’L L.J. 505 (2012).
This article explores Abaclat v. The Argentive Republic, which created drastic change in the practice of arbitration. The author discusses the impact that the case is to have on arbitration including: the ability to join 60,000 claimants into one mass claim arbitration, jurisdiction to hear claims from certain Italian nationals against Argentine, and the impact on arbitration clauses.
{44} ARBITRATION—GENERAL
{92} SUBJ MATTER: INT’L

David J. Bederman, Jurisprudence of the Foreign Claims Settlement Commission: Albania Claims, 106 Am. J. Int’l L. 271 (2012).
This article discusses the history and the jurisprudence of the Claims Settlement Commission. It praises its effectiveness as a dispute resolution mechanism for claims arising between Albania and the United States.
{44} ARBITRATION—GENERAL
{92} SUBJ MATTER: INT’L

George A. Bermann, The “Gateway” Problem in International Commercial Arbitration, 37 Yale J. Int’l L. 1 (2012).
This article discusses how and when courts should decide preliminary issues in international arbitration. The author argues in favor of the courts adopting the U.S. approach to these preliminary issues because of the balance the approach provides between legitimacy and efficacy.
{44} ARBITRATION—GENERAL
{75} COMMERCIAL
{92} SUBJ MATTER: INT’L
 
Annie Bersagel, Is There a Stare Decisis Doctrine in the Court of Arbitration for Sport? An Analysis of Published Awards for Anti-Doping Disputes in Track and Field, 12 Pepp. Disp. Resol. L.J. 189 (2012).
Results of the study lend further support to the view that the CAS is developing its own body of private international legal precedent outside the purview of domestic legislation. Although CAS panels unambiguously reject the notion that they apply a doctrine of stare decisis, this study illustrates the de facto adherence to precedent by the panels.
{44} ARBITRATION—GENERAL
{92}SUBJ MATTER: INT’L
 
Robert C. Bird, Enforcement of Annulled Arbitration Awards: A Company Perspective and an Evaluation of a “New” New York Convention, 37 N.C.J. Int’l L. & Com. Reg. 1013 (2012).
This article analyzes the rules governing the use of annulled arbitration awards. The author also discusses the legal debate between scholars about its use.
{44} ARBITRATION—GENERAL
{92} SUBJ MATTER: INT’L
{122} SETTLEMENT: ENFORCEMENT OF SETTLEMENT OR AWARD
 
Barbara Black, Access to Justice: Investor Suits in the Era of the Robert Court: Arbitration of Investors’ Claims Against Issuers: An Idea Whose Time Has Come?, 75 LAW & CONTEMP. PROBS. 107 (2012).
Does the Supreme Court’s decision in Conception create a method for publically traded domestic issuers to do away with securities class claims?   This article concludes that such an opening may exist and calls for issuers to adopt arbitration provisions, with class action waivers, in their governance documents.
{44} ARBITRATION—GENERAL
{81} SUBJ MATTER: CORPORATE

Kristen M. Blankley, Taming the Wild West of Arbitration Ethics, 60 KAN. L. REV. 925 (2012).
This article considers if current law and various arbitration mechanisms effectively prevent parties and attorneys from committing acts not tolerated in litigation.  Seeing a potential area of exploitation, this article calls for the extension of perjury and tampering laws to the arbitral forum.
{44} ARBITRATION—GENERAL
{128} REQUIREMENTS: MANDATE TO USE
{138} ETHICS: GENERAL
 
Frank Blechschmidt, Comment, All Alone in Arbitration: AT&T Mobility v. Conception and the Substantive Impact of Class Action Waivers, 160 U. Pa. L. Rev. 541 (2012).
AT&T Mobility LLC v. Concepcion was a crossroads for the future of class action policy, the protection of consumer rights, and the use of class arbitration as a technique for dispute resolution. This comment demonstrates an appreciation for the “penumbral remedial aspect” of the class action and for the role of states in formulating aggregation policy.
{44} ARBITRATION—GENERAL
{81} SUBJ MATTER: CORPORATE

Anatole Boute, Combating Climate Change Through Investment Arbitration, 35 Fordham Int’l L.J. 613 (2012)
This article analyzes whether investment arbitration could complement the existing income-based approach of climate policies, reinforcing the effectiveness of climate change mitigation efforts. The author examines the regulatory principles that states develop to attract low-carbon investments, whether low-carbon investments would answer to the definition of “investments” in international investment arbitration, and the extent to which states could justify possible breaches of investment protection standards on public policy grounds.
{44} ARBITRATION—GENERAL
{84} SUBJ MATTER: ENVIRONMENT
 
Edward P. Boyle & David N. Cinotti, Beyond Nondiscrimination: AT&T Mobility LLC v. Concepcion and the Further Federalization of U.S. Arbitration Law, 12 Pepp. Disp. Resol. L.J. 373 (2012).
Congress passed the FAA more than a decade before the U.S. Supreme Court’s seminal decision in Erie Railroad Co. v. Tompkins, which gave rise to a long line of cases considering the proper roles of federal and state law in diversity cases. This result once again expands the sphere of federal power over arbitration agreements at the expense of state contract law.
{44} ARBITRATION—GENERAL
 
Rory Butler & Baptiste Weijburg, Do Anti-Suit Injunctions Still Have a Role to Play? An English Law Perspective, 24 U.S.F. Mar. L.J. 257 (2012).
The authors of this article argue that for English Courts, anti-suit injunctions are still effective outside of the European Union. To prevent parallel foreign suits, international contracts should contain exclusive English jurisdiction or arbitration clauses. This would allow English courts or arbitration tribunals to have exclusive control over contractual disputes.
{44} ARBITRATION—GENERAL
{92} SUBJ MATTER: INT’L

Irene M. Ten Cate, International Arbitration and the Ends of Appellate Review, 44 N.Y.U. J. INT’L L. & POL. 1109 (2012).
This article is about the arbitration process in international law. This author specifically wrote of appellate review in the arbitration process in commercial international law and the advantages and disadvantages of an appellate process.
{44} ARBITRATION—GENERAL
{92} SUBJ MATTER: INT’L
{75} SUBJ MATTER: COMMERCIAL
 
Bilal M. Choksi, Comment, Religious Arbitration in Ontario – Making The Case Based on the British Example of the Muslim Arbitration Tribunal, 33 U. Pa. J. Int’l L. 791 (2012)
Based on the success of the Muslim Arbitration Tribunal (MAT) in England, Ontario should permit religious arbitration to resolve family law disputes. Similar to the way the MAT is able to address social and cultural issues in domestic disputes in England, religious based arbitration can be very effective in Ontario.
{44} ARBITRATION—GENERAL
{85} SUBJ MATTER: FAMILY (DOMESTIC REL.)
 
Katherine B. Church, Comment, Arkansas and Mandatory Arbitration: Is the Feeling Really Mutual?, 65 Ark. L. Rev. 343 (2012).
This comment discusses the recent passage of the Arkansas Arbitration Act. The author argues that Arkansas state courts should continue to enforce the mutuality-of-obligation contract doctrine in order to protect consumers against mandatory arbitration.
{44} ARBITRATION—GENERAL
{102} SUBJ MATTER: PUBLIC POLICY

Laura J. Cooper, Employment Arbitration 2011: A Realist’s View, 87 Ind. L.J. 317 (2012)
This article discusses the state of employment legislation under President Obama. It argues that despite a labor-friendly bill in 2009, losing control of the House in 2010 and spending too much congressional energy on the healthcare bill has doomed any further progressive employment legislation.
{44} ARBITRATION—GENERAL
{96} SUBJ MATTER: EMPLOYMENT (NON-UNION)
{144} LEGISLATION
 
Luisa Corazza, In Search of Industrial Self-Regulation or Efficient Settlement of Employment Disputes? The Case of Italian Arbitration Reform, 33 Comp. Lab. L. & Pol’y J. 235 (2012).
In this article on Italian arbitration reform, the author delves into the reasons why the Italian legal system has been reluctant to expand, or at least reform, the country’s arbitration procedures.  The author explores these hesitations within the Italian context and then compares the Italian arbitration process to the rest of Europe and the United States.
{44} ARBITRATION—GENERAL
{92} SUBJ MATTER: IN’TL
{124} COMPARISONS: CROSS-CULTURAL

Russell J. Cortazzo, Jr., Development and Trends of the Lex Maritime from International Arbitration Jurisprudence, 43 J. Mar. L. & Com. 255 (2012).
The author discusses the international maritime arbitration forum and the forum’s successful role across the globe. He examines the three factors attributed to the growth of maritime arbitration as well as competing forces that make its future unclear.
{44} ARBITRATION—GENERAL
{97} SUBJ MATTER: MARITIME
 
Gilles Cuniberti, Enhancing Judicial Reputation Through Legal Transplants Estoppel Travels to France, 60 Am. J. Comp. L. 383 (2012).
This article explains how and why the French Supreme Court has borrowed the common law doctrine of estoppel and applied it to the French Law of Arbitration. The importance of estoppel to international arbitrations is suggested as a reason for the French adoption of the concept.
{44} ARBITRATION—GENERAL
{92} SUBJ MATTER: INT’L
 
Lawrence A. Cunningham, Access to Justice: Investor Suits in the Era of the Robert Court: Rhetoric Versus Reality in Arbitration Jurisprudence: How the Supreme Court Flaunts and Flunks Contracts, 75 LAW & CONTEMP. PROBS. 129 (2012).
This article examines the ways arbitration and contract law interact with one another.  Do these two legal theories intertwine, with each central to the other, or are they less compatible then the Supreme Court makes them seem?  While Supreme Court rhetoric may indicate a particular viewpoint, this article concludes that this rhetoric has little to do with actual arbitration jurisprudence.
{44} ARBITRATION—GENERAL
{75} SUBJ MATTER: COMMERCIAL
 
Joseph D’Agostino, Note, Rescuing International Investment Arbitration: Introducing Derivative Actions, Class Actions, and Compulsory Joinder, 98 Va. L. Rev. 177 (2012)
This article provides possible steps to reform the ICSID to ensure that it remains fair and viable for the future. Instead of a total comprehensive reform, the article argues that the ICSID should adopt derivative actions, class actions, and compulsory joinder concepts.
{44} ARBITRATION—GENERAL
{92} SUBJ MATTER: INT’L
 
Kenneth R. Davis, The End of an Error: Replacing “Manifest Disregard” with a New Framework for Reviewing Arbitration Awards, 60 Clev. St. L. Rev. 87 (2012).
This article discusses the standard of judicial review for errors in arbitration awards.  The author discusses the many standards the Supreme Court has used to determine whether an arbitration award should be reviewed, and how the differing decisions require a need to reconsider what the scope of judicial review of arbitration awards should be.
{44} ARBITRATION—GENERAL
{104} SUBJ MATTER: REGULATORY
{122} SETTLEMENT: ENFORCEMENT OF SETTLEMENT OR AWARD
 
Carolyn L. Dessin, Arbitrability and Vulnerability, 21 Temp. Pol. & Civ. Rts. L. Rev. 349 (2012).
This article analyzes history and case law associated with the issue of mandatory pre-dispute arbitration agreements. The author specifically focusing on vulnerable parties.
{44} ARBITRATION—GENERAL
 
James R. Devine, Curt Flood and a Triumph of the Show Me Spirit, 77 Mo. L. Rev. 9 (2012).
This article discuses the history and impact of the Flood v. Kuhn decision, in which Justice Blackmun wrote an opinion upholding MLB’s ban on free agency.  The article focuses on the bravery and intuition of Curt Flood, the plaintiff the Flood decision.  Although the Court did not rule in his favor, litigation eventually led to arbitration that effectively eliminated the reserve clause, and allowed for free agency in major league professional baseball.
{44} ARBITRATION—GENERAL
{93} SUBJ MATTER: LABOR—GENERAL
 
Christopher R. Drahozal & Samantha Zyontz, Private Regulation of Consumer Arbitration, 79 Tenn. L. Rev. 289 (2012).
This article outlines the ways in which business practices can be regulated using such private entities like the American Arbitration Association. Regulation of business traditionally has been achieved via public entities, but this article examines the ways in which private arbitration due process protocols can achieve the same ends as public regulation.
{44} ARBITRATION—GENERAL
{75}SUBJ MATTER: COMMERCIAL
 
Zev J. Eigen, Nicholas F. Menillo, & David Sherwyn, Shifting the Paradigm of the Debate: A Proposal to Eliminate At-Will Employment and Implement a “Mandatory Arbitration Act”, 87 Ind. L.J. 271 (2012)
This article attempts to shift the debate surrounding the employment discrimination resolution system towards analysis of the current system and possible solutions to address issues with the system. The authors advocate replacing at-will employment with a statute that considers aspects of both arbitration and litigation in employment discrimination cases.
{44} ARBITRATION—GENERAL
{93} SUBJ MATTER: LABOR—GENERAL
{144} LEGISLATION

Ben Einbinder, What FINRA Can Learn from Major League Baseball, 12 Pepp. Disp. Resol. L.J. 333 (2012).
For nearly forty years, MLB has used final-offer arbitration to resolve salary disputes between players and clubs in an efficient and cost effective manner. While the current FINRA arbitration procedure has been a viable alternative to the traditional litigation process, parties would likely benefit if final-offer arbitration was required to determine the award amount. Implementing final-offer arbitration will lead to shorter arbitrations, more settlements, and lower costs, while ensuring justice for those involved.
{44} ARBITRATION—GENERAL
{107} SUBJ MATTER: SPORTS & ENTERTAINMENT
 
David L. Franklin & Steven Greenberger, “An Edifice of Its Own Creation”: The Supreme Court’s Recent Arbitration Cases, 10 DePaul Bus. & Com. L.J. 495 (2012).
The authors discuss the importance of the recent decisions regarding arbitration from the Supreme Court. They then analyze the influence these decisions are having and will continue to have on businesses. The authors conclude by attempting to interpret the perspective of the Supreme Court on the substantive values of arbitration.
{44} ARBITRATION—GENERAL
{75} SUBJ MATTER: COMMERCIAL

Stephen E. Friedman, The Lost Controversy Limitation of the Federal Arbitration Act, 46 U. Rich. L. Rev. 1005 (2012).
This article examines courts’ treatment of the controversy limitation of the FAA.  The author concludes courts focus almost entirely on the language of the particular arbitration provision and the competence of arbitrators to resolve various types of disputes instead of the actual language of the FAA.  The author urges a renewed focus on the language of the FAA’s controversy limitation as a means of restoring the balance Congress struck in passing the FAA.
{44} ARBITRATION—GENERAL
{133} COURT REFORMS
 
Charles Gibbs, Note, Consumer Class Actions After AT&T v. Concepcion: Why the Federal Arbitration Act Should Not Be Used to Deny Effective Relief to Small-Value Claimants, 2012 U. Ill. L. Rev. 1345 (2012).
This note addresses the AT&T v. Concepcion decision and the effect it may have on small value claimants. The author argues that the Supreme Court decision, as well as waivers of class action under the Federal Arbitration Act, is less economically efficient with a lower deterrent value when compared to class action lawsuits.
{44} ARBITRATION—GENERAL
{79} SUBJ MATTER: CONSUMER
{147} POWER IMBALANCE

Katia Fach Gomez, LMM Perspective, Rethinking the Role of Amicus Curiae in International Investment Arbitration: How to Draw the Line Favorably for the Public Interest, 35 Fordham Int’l L.J. 510 (2012)
This article analyzes the use of amicus curiae briefs in international arbitration cases. The author examines the growing importance of amicus briefs in international investment arbitration, the reasons why amicus briefs generate controversy between developed and undeveloped countries in international arbitration cases, and suggestions on how to best protect the interests of developing nations in international investment arbitration cases through regulation of amicus brief submissions in such cases.
{44} ARBITRATION—GENERAL
{92} SUBJ MATTER: INT’L
 
Laurent Gouiffès & Lara Kozyreff, Commentary on the New French International Arbitration Law: Towards Quicker and More Efficient Arbitration Proceedings, 18 Colum. J. Eur. L. 45 (2012).
This article explores the evolution of arbitration practices in France—specifically the 2011 Decree which created a more flexible, liberal, quicker, and efficient method for parties to arbitrate.  Although still early in its jurisprudence, the article explores potential interpretations of the French court in regards to certain provisions.
{44} ARBITRATION—GENERAL
{92} SUBJ MATTER: INT’L
{125} COMPARISIONS: HISTORICAL
 
Michael Z. Green, Reading Ricci and Pyett to Provide Racial Justice Through Union Arbitration, 87 Ind. L.J. 367 (2012)
This article discusses race and arbitration in the labor union setting. The author focuses on the importance of interest-convergence between conflicting groups in order to achieve any sort of catharsis.
{44} ARBITRATION—GENERAL
{94} SUBJ MATTER: LABOR—DISCRIMINATION
 
Christoph Henkel, The Work-Product Doctrine as a Means Toward a Judicially Enforceable Duty of Confidentiality in International Commercial Arbitration, 37 N.C.J. Int’l L. & Com. Reg. 1059 (2012).
This article discusses the idea of confidentiality in arbitration. The author discusses the use of work-product doctrine as a way to help make disclosure in arbitration more predictable.
{44} ARBITRATION—GENERAL
{87} SUBJ MATTER: GOV’T
{132} CONFIDENTIALITY
 
David Horton, Arbitration and Inalienability: A Critique of the Vindication of Rights Doctrine, 60 KAN. L. REV. 723 (2012).
This article seeks to bolster the “statutory waiver rule,” the idea that parties cannot prospectively waive public law claims, and to propose several changes to the vindication of rights doctrine. In particular, the article traces the development of the non-arbitrability doctrine and uses justifications for inalienability in other contexts to advance these changes.
{44} ARBITRATION—GENERAL
{128} REQUIREMENTS: MANDATE TO USE
 
David Horton, The Federal Arbitration Act And Testamentary Instruments, 90 N.C. L. Rev. 1027 (2012).
This article analyzes the Federal Arbitration Act in the context of arbitration clauses in the wills and trust field. The author argues that despite the intention of Congress, the approach the Supreme Court has taken to the FAA results in arbitration clauses related to wills and trusts to fall under the statute. The article includes analysis of potential issues under the FAA in the field of wills and trusts arbitration.
{44} ARBITRATION—GENERAL
{101} SUBJ MATTER: PROBATE
{144} LEGISLATION
 
David Horton, Colloquy Essay: Unconscionability Wars, 106 Nw. U. L. Rev. 387 (2012).
This essay discusses the trend of courts striking down one sided arbitration clauses as unconscionable. The author challenges two existing anti-unconscionability theories.
{44} ARBITRATION—GENERAL
{87} SUBJ MATTER: GOV’T
{126} REQUIREMENTS: CONTRACTUAL CLAUSES
 
Robin Hui Huang & Shahla F. Ali, Governing Financial Disputes in China: What Have We Learned From the Global Financial Crisis of 2008?, 7 E. Asia L. Rev. 195 (2012).
This article explores the ways in which Chinese arbitration commissions are dealing with financial crises in the wake of the 2008 financial crisis.  It compares the strategies being used by local Chinese courts to the arbitration commissions.  The authors also propose strategies for reform.
{44} ARBITRATION—GENERAL
{92} SUBJ MATTER: INT’L

Christopher Immormino, Note, I’m Gonna Knock You Out: Why Physical Force is a Legitimate Form of Dispute Resolution, 27 Ohio St. J. on Disp. Resol. 207 (2012).
This note examines historical examples of physical force being used to resolve disputes, society’s acceptance of a certain level of violence today, the use of jiu-jitsu as a form of dispute resolution similar to arbitration. The author applies common arbitration rules to jiu-jitsu to making the case that a safe, acceptable form of violent competition can be used to settle a dispute as long as basic fairness tenets are met during the negotiation and execution of the agreement.
{44} ARBITRATION—GENERAL
{107} SUBJ MATTER: SPORTS & ENTERTAINMENT
{125} COMPARISONS: HISTORICAL

Daphna Kapeliuk, Collegial Games: Analyzing the Effect of Panel Composition on Outcome in Investment Arbitration, 31 Rev. Litig. 267 (2012).
This article analyzes statistics regarding arbitration panel outcomes, specifically individual arbitrator dissents in relation to which party appointed the arbitrator.  Both collegial courts and investment arbitration under ICSID are examined.  The author finds no statistically significant pattern of relationship between panels distinguished by the prior experience of party-appointed arbitrators and outcome.   The article concludes that the concerns over the legitimacy of unilateral appointments may be overstated.
{44} ARBITRATION—GENERAL
{92} SUBJ MATTER: INT’L
 
Eric Koplowitz, Note, I Didn’t Agree to Arbitrate That! – How Courts Determine If Employees’ Sexual Assault and Sexual Harassment Claims Fall Within the Scope of Broad Mandatory Arbitration Clauses, 13 Cardozo J. Conflict Resol. 565 (2012).
This note looks at how courts determine if sexual assault and sexual harassment claims by employees against their employer are within the scope of broad mandatory arbitration clauses. The court found that such claims were arbitrable because the broad arbitration clauses in the agreements extend to claims that touch matters within the employment context.
{44} ARBITRATION—GENERAL
{93} SUBJ MATTER: LABOR—GENERAL
{146} ORGANIZATION POLICIES & RULES
Rebecca Kruser, Note, Simulacra of Virtue: The Responsibility of Labor Arbitrators in Employee Drug Testing Grievances, 10 Geo. J.L. & Pub. Pol’y 239 (2012)
This author considers drug testing in unionized workplaces and the ways that arbitrators currently deal with employees using drugs. These arbitrator decisions can create vastly different outcomes for grievants. This author suggests a new method, based on respect for employee rationality, privacy rights, and liberty, for arbitrators to use as opposed to supporting the enforced virtue of the grievant for the supposed greater good of society.
{44} ARBITRATION—GENERAL
{93} SUBJ MATTER: LABOR—GENERAL
 
Yaraslau Kryvoi, Counterclaims in Investor-State Arbitration, 21 Minn. J. Int’l. L. 216 (2012).
This article analyzes how many national tribunals are reluctant to allow counterclaims in arbitration procedures involving investor-state disputes.  The articles suggests that, absent provisions setting out investor obligations in international treaties, general principles of law, rather than domestic law, are appropriate to use in the arbitration of counterclaims.
{44} ARBITRATION—GENERAL
{92} SUBJ MATTER: INT’L
 
Jürgen Kurtz, The Shifting Landscape of International Investment Law and Its Commentary, 106 Am. J. Int’l L. 686 (2012)
This article reviews a book that discusses international investment arbitration and the role of investment treaties. It discusses how the arbitral case law is growing in this area, the role of trade agreements among different nations, and argues for certain reforms.
{44} ARBITRATION—GENERAL
{92} SUBJ MATTER: INT’L
 
Polina Kushelev, Note, An International Approach to Breaking the Core of the Bankruptcy Code and FAA Conflict, 28 Emory Bankr. Dev. J. 355 (2012).
This note discusses the role of arbitration in the context of bankruptcy proceedings. The author proposes that the need for uniformity across all proceedings outweighs the interests of creditors in having all claims in a single, core proceeding. Better results could be achieved by lifting the automatic stay and enforcing arbitration agreements in all bankruptcy proceedings when such agreements exist.
{44} ARBITRATION—GENERAL
{74.5} SUBJ MATTER: BANKRUPTCY
{133} COURT REFORMS
 
Kate Lewins, International Recent Development: Australia, 36 Tul. Mar. L.J. 537 (2012).
This article details a selection of significant cases in Australian maritime law decided between 2010 and 2011 and examines the relationship between arbitration and maritime law. The article examines how arbitration agreements effect maritime issues, especially in an international context.
{44} ARBITRATION—GENERAL
{92} SUBJ MATTER: INT’L
 
Nicholas A. Machen, Note, Balancing Bargaining Power: The Eleventh Circuit Overreaches to Destroy the Public Policy Defense at the Initial Enforcement Stage of Arbitration in Lindo v. NCL, 36 Tul. Mar. L.J. 839 (2012).
This article includes an analysis of Lindo v. NCL, a case that examined whether an arbitration agreement that required that “the substantive law to be applied to the arbitration shall be the law of the flag state of the vessel” violates public policy. The article argues that the Eleventh Circuit overreached in holding that the public policy defense was unavailable in enforcing the arbitration agreement.
{44} ARBITRATION—GENERAL
{97} SUBJ MATTER: MARITIME
 
Martin H. Malin, The Arbitration Fairness Act: It Need Not and Should Not Be an All or Nothing Proposition, 87 Ind. L.J. 289 (2012)
This article addresses the Arbitration Fairness Act and its potential effect on pre-dispute arbitration agreements in the employment field. The author proposes alternative legislative reforms that he believes will better address issues with the agreements.
{44} ARBITRATION—GENERAL
{93} SUBJ MATTER: LABOR—GENERAL
{144} LEGISLATION
 
Gonçalo Malheiro & Pedro Sousa Uva, The New Portuguese Law on Voluntary Arbitration, 18 Colum. J. Eur. L. 56 (2012).
This article admires and praises the recently passed and enacted reformed arbitration laws in Portugal.  The authors believe that because it is now in sync with United Nation arbitration laws, it will become a more attractive place for international arbitration proceedings.
{44} ARBITRATION—GENERAL
{92} SUBJ MATTER: INT’L
{144} LEGISLATION
 
Colin P. Marks, The Irony of AT&T v. Concepcion, 87 Ind. L.J. Supp. 31 (2012)
This article discusses the landmark arbitration case of AT&T v. Concepcion and the underlying Federal Arbitration Act, on which the opinion is based. The decision is apparently ironic because its effect runs counter to the intent of the legislation.
{44} ARBITRATION—GENERAL
{79} SUBJ MATTER: CONSUMER
{126} REQUIREMENTS: CONTRACTUAL CLAUSES
Pedro J. Martinez-Fraga, Good Faith, Bad Faith, but Not Losing Faith: A Commentary on the 2010 IBA Rules on the Taking of Evidence in International Arbitration, 43 Geo. J. Int’l L. 387 (2012).
A review of the 2010 iteration of the International Bar Association (IBA) Rules on Taking of Evidence in International Arbitration. Organizing the taking of evidence is a necessary condition if international arbitration is to maximize its role as a legal dispute resolution counterparty to economic globalization. Although the IBA’s 2010 iteration constitutes a laudable effort, there is potential for problems inherent in the newly introduced standards for taking of evidence.
{44} ARBITRATION—GENERAL
{92} SUBJ MATTER: INT’L
{128} REQUIREMENTS: STATUTORY OR RULES
 
Matthew M. McCluer, Reading the Fine Print: Emerging Views on the Successorship Doctrine and Mandatory Arbitration Provisions, 31 Miss. C. L. Rev. 85 (2012).
This article analyzes the lower court applications of three Supreme Court decisions, referred to as the “Successorship Trilogy,” concerning whether a new employer is bound to the terms of the collective bargaining agreement between a predecessor employer and a union after a change in ownership.  The author suggests the Third Circuit interpretation is the most appropriate of all the lower court interpretations.
{44} ARBITRATION—GENERAL
{95} SUBJ MATTER: LABOR—MANAGEMENT (UNION)
 
Catherine Moore, The Effect of the Dodd-Frank Act on Arbitration Agreements: A Proposal for Consumer Choice, 12 Pepp. Disp. Resol. L.J. 503 (2012).
This article acknowledges the weakness and strengths of securities arbitration to conclude that consumer choice will be the new standard of dispute resolution in the securities industry, if the Dodd-Frank Act is interpreted according to legislative intent. Investor confidence should improve with continued use of arbitration and the opening of American courts. The bill should encourage responsible behavior and ultimately be one step in restoring investments in the American markets.
{44} ARBITRATION—GENERAL
{81} SUBJ MATTER: CORPORATE
 
Theodora Nikaki, International Recent Development: United Kingdom, 36 Tul. Mar. L.J. 601 (2012).
This article analyzes recent developments in maritime law, specifically in and around the United Kingdom, and includes a discussion of how salvage awards are traditionally determined in arbitration. Two recent arbitration cases are analyzed. The author explains how the decisions in these two cases act as a departure from traditional holdings on salvage awards.
{44} ARBITRATION—GENERAL
{92} SUBJ MATTER: INT’L
{97} SUBJ MATTER: MARITIME
 
Ellie Norton, Comment, International Investment Arbitration and the European Debt Crisis, 13 Chi. J. Int’l L. 291 (2012).
This comment walks through the recent developments regarding sovereign debt and if it qualifies as an investment under certain treaties. The author goes on to discuss the how arbitration can benefit both creditors and debtors in international investment arbitration and outlines the benefits of arbitration.
{44} ARBITRATION—GENERAL
{92} SUBJ MATTER: INT’L
Griffin Toronjo Pivateau, Private Resolution of Public Disputes: Employment, Arbitration, and the Statutory Cause of Action, 32 Pace L. Rev. 114 (2012)
Mandatory arbitration clauses in employment agreements pose numerous problems. Mandatory arbitration clauses have been implemented in a manner that cripples the employee. Thus, mandatory arbitration clauses should be a constrained means of resolving employment disputes.
{44} ARBITRATION—GENERAL
 
Yannick Radi, Realizing Human Rights in Investment Treaty Arbitration: A Perspective from within the International Investment Law Toolbox, 37 N.C.J. Int’l L. & Com. Reg. 1107 (2012).
This article involves the general absence of international human rights norms in international investment treaty arbitrations. The author discusses strategies that can balance investor interests with public and general interest, including human rights interests.
{44} ARBITRATION—GENERAL
{92} SUBJ MATTER: INT’L
{137} EFFECT OF PROCESS ON NON-PARTICIPATORY PARTIES
 
Rachel Reiser, Note, Applying Privilege in International Arbitration: The Case for a Uniform Rule, 13 Cardozo J. Conflict Resol. 653 (2012).
This note discusses approaches to privilege to rules and confidentiality standards. The author focuses on privilege in international arbitration and how grey the area can be. The author concludes that if rules and standards were pre-set and determined, most problems associated with privilege would be largely eradicated.
{44} ARBITRATION—GENERAL
{92} SUBJ MATTER: INT’L
 
Maria Rendina, Note & Comment, Arbitration Clauses after Rent-A-Center v. Jackson and Granite Rock v. International Brotherhood of Teamsters, 43 U. Tol. L. Rev. 725 (2012).
This article attempts to resolve the tension in the Supreme Court’s precedent regarding arbitrability of arbitration clauses exhibited by these two cases. Starting with an examination of the history of arbitration law and the context of the titular cases, the article goes on to predict that the Supreme Court will continue to give preference to the arbitrability of contracts and their provisions despite the ruling in Granite Rock.
{44}     ARBITRATION—GENERAL
{79}     SUBJ MATTER: CONSUMER
{126}   REQUIREMENTS: CONTRACTUAL CLAUSES
 
Richard C. Reuben, FAA Law, Without the Activism: What if the Bellwether Cases Were Decided by a Truly Conservative Court?, 60 KAN. L. REV. 883 (2012).
Would certain important Supreme Court decisions regarding arbitration have been decided differently by a truly conservative Court?  This article investigates this question and muses about the hypothetical state of arbitration today if a truly conservative court had decided these important cases.
{44} ARBITRATION—GENERAL
{125} COMPARISONS: HISTORICAL
{128} REQUIREMENTS: MANDATE TO USE
 
Steven Rushing, Note, Plugging the Leak in § 1498: Coercing the United States into Notifying Patent Owners of Government Use, 45 Vand. J. Transnat’l L. 879 (2012).
The author advocates for a strong dispute settlement process in international patent disputes. The article explains the use of Dispute Settlement Understanding (DSU) in the international community, which is similar to an arbitration board that rules on disputes over patent ownerships between countries.
{44} ARBITRATION—GENERAL
{87} SUBJ MATTER: GOV’T
{123} SETTLEMENT: PRESSURES TO SETTLE
 
Peter B. Rutledge, Trips and Bits: An Essay on Compulsory Licenses, Expropriation, and International Arbitration, 13 N.C. J.L. & Tech. On. 149 (2012)
The author argues that arbitration is critical in the field of international intellectual property disputes. Arbitration is, he argues, the best method of conflict resolution when there is a dispute between a nation-state and an investor. Further, arbitration has yet to prevail in this field because the mere threat of suit and arbitration protects the parties interests and maintains an adequate balance.
{44} ARBITRATION—GENERAL
{92} SUBJ MATTER: INT’L

Lauran San Roman Guijarro, Note, Summary Disposition: The Only Way Out is Through?, 66 U. Miami L. Rev. 879 (2012).
International arbitration lacks a mechanism for summary dismissal of unmeritorious claims. This note argues that such a mechanism should exist because of the economical inefficiency of being trapped in such into a system. The author looks at ways to introduce such a mechanism.
{44} ARBITRATION—GENERAL
{73} SUBJ MATTER: GENERAL
{136} ECONOMIC ADVANTAGES OF ADR
 
David S. Schwartz, Claim-Suppressing Arbitration: The New Rules, 87 Ind. L.J. 239 ( 2012)
The author argues stronger parties are using pre-dispute arbitration clauses to reduce the claims of weaker parties arising out of relationships between the two. Decisions of the Supreme Court have exacerbated the issues related to pre-dispute arbitration clauses between strong and weak parties.
{44} ARBITRATION—GENERAL
{102} SUBJ MATTER: PUBLIC POLICY
{126} REQUIREMENTS: CONTRACTUAL CLAUSES
 
Ashley M. Sergeant, Student Article, The Corporation’s New Lethal Weapon: Mandatory Binding Arbitration Clauses, 57 S.D. L. Rev. 149 (2012)
This article discusses drastic changes to arbitration and the influx of Supreme Court opinions expanding the use of mandatory binding arbitration clauses in employment contracts. This author provides information on the Federal Arbitration Act and five Supreme Court cases that have greatly expanded the use of binding arbitration. The comment discuses the advantages and disadvantages of mandatory binding arbitration clause and calls for the enactment of the Arbitration Fairness Act.
{45} ARB: MANDATORY, COURT-ANNEXED—GENERAL
{81} SUBJ MATTER: CORPORATE
{126} REQUIREMENTS: CONTRACTUAL CLAUSES
 
Joshua B. Simmons, Valuation in Investor-State Arbitration: Toward A More Exact Science, 30 Berkeley J. Int’l L. 196 (2012).
This work examines the rapidly expanding field of jurisprudence pertaining to investor-state arbitration. The difficulties in negotiating appropriate, mutually beneficial party settlements are discussed at length and suggestions are provided to improve the evolving international arbitration system.
{44} ARBITRATION—GENERAL
{92}SUBJ MATTER: INT’L
{122}SETTLEMENT: ENFORCEMENT OF SETTLEMET OR AWARD
 
Robert D. Sloane, On the Use and Abuse of Necessity in the Law of State Responsibility, 106 Am. J. Int’l L. 447 (2012).
This article discusses international investment arbitration and the role the state plays. It argues for a more uniform and objective standard for states that wish to play a role in international investment arbitration.
{44} ARBITRATION—GENERAL
{92} SUBJ MATTER: INT’L
 
Craig Smith & Eric V. Moye, Outsourcing American Civil Justice: Mandatory Arbitration Clauses In Consumer And Employment Contracts, 44 Tex. Tech L. Rev. 281 (2012).
This article focuses on the possible issues with the increase in mandatory arbitration clauses in consumer and employment contracts. These clauses have a deleterious effects on the Seventh Amendment right to a trial by jury.
{44} ARBITRATION—GENERAL
{79} SUBJ MATTER: CONSUMER
{93} SUBJ MATTER: LABOR—GENERAL
 
Jacob Spencer, Note, Arbitration, Class Waivers, and Statutory Rights, 35 Harv. J.L. & Pub. Pol’y 991 (2012).
This note describes when class waivers render otherwise valid arbitration agreements unenforceable because they would prevent plaintiffs from effectively vindicating their statutory rights.  Part I describes the doctrinal framework established by the Supreme Court. Part II argues that claims that class action waivers nullify state statutory rights cannot invalidate arbitration agreements after Conception. Part III considers several different arguments that class waivers undermine federal statutory rights in certain contexts.
{44} ARBITRATION—GENERAL
{104} SUBJ MATTER: REGULATORY
 
Jeffrey W. Stempel, Tainted Love: An Increasingly Odd Arbitral Infatuation in Derogation of Sound and Consistent Jurisprudence, 60 KAN. L. REV. 795 (2012).
This article examines the complex relationship between the Supreme Court and arbitration.  At times, the Court will rule in favor of arbitration in the face of historically recognized principles to the contrary. At other times, the Court will rule against arbitration because of unrelated prejudices regarding other areas of the law.  This article concludes that this inconsistent, or “tainted,” love appears that it will continue unabated.
{44} ARBITRATION—GENERAL
{125} COMPARISONS: HISTORICAL
{128} REQUIREMENTS: MANDATE TO USE

Thomas J. Stipanowich, 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, 60 KAN. L. REV. 985 (2012).
This article proposes the establishment of an “Arbitration Fairness Index,” a public rating system assessing the fairness of arbitration programs associated with contracts for goods, services, or employment, to enhance public awareness and understanding of consumer and employment arbitration programs.   The author explores the benefits and downsides of such an index, while also discussing how to create and implement this novel arbitration rating scheme.
{44} ARBITRATION—GENERAL
{79} SUBJ MATTER: CONSUMER
{96} SUBJ MATTER: EMPLOYMENT (NON-UNION)
Daniel R. Strader, Student Work, Bridging the Gap: Amending the Federal Arbitration Act to Allow Discovery of Nonparties, 41 Stetson L. Rev. 909 (2012).
The author argues that the Federal Arbitration Act needs to be amended for clarity in order to preserve proper arbitration rights in discovery.  The main problems examined are a lack of uniformity in the states and the lack of clarity in defining the scope of discovery for parties not part of the agreement
{44} ARBITRATION—GENERAL
{144} LEGISLATION
 
S.I. Strong, What Constitutes an “Agreement in Writing” in International Commercial Arbitration? Conflicts Between the New York Convention and the Federal Arbitration Act, 48 Stan. J. Int’l L. 47 (2012)
This article investigates whether and to what extent a party must produce an “agreement in writing” when seeking to enforce an international arbitration agreement or award in a U.S. Federal court. Issues arise in how “agreement in writing” is defined in the Federal Arbitration Act and the 1958 New York Convention. The article describes the scope of problems associated with form requirements and makes suggestions for legislative and judicial reform.
{44} ARBITRATION—GENERAL
{92} SUBJ MATTER: INT’L
{122} SETTLEMENT: ENFORCEMENT OF SETTLEMENT OR AWARD
 
S.I. Strong, Does Class Arbitration “Change the Nature” of Arbitration? Stolt-Nielsen, AT&T, and a Return to First Principles, 17 Harv. Negot. L. Rev. 201 (2012).
This article tests various assumptions about the nature of class arbitration and the conclusion that class arbitration falls outside established parameters regarding what constitutes “arbitration.”  The article compares class arbitration to other multiparty proceedings, considers the jurisprudential nature of arbitration, attempts to identify a universally acceptable definition of arbitration, and considers how certain characteristics said to be unique to class arbitration measure up to the elements identified in the definition of arbitration as being necessary for a procedure to qualify as “arbitration.”
{44} ARBITRATION—GENERAL
{73} SUBJ MATTER: GENERAL
 
S.I. Strong, Resolving Mass Legal Disputes through Class Arbitration: the United States and Canada Compared, 37 N.C.J. Int’l L. & Com. Reg. 921 (2012).
This article discusses the use of the controversial dispute resolution process of class arbitration. The author does a cultural comparison of how the courts in the U.S. and Canada handle this ADR system.
{44} ARBITRATION—GENERAL
{114} 3D PARTY: PRACTICE OF LAW
{124} COMPARISONS: CROSS CULTURAL
 
Michelle T. Sullivan, Binding Arbitration as a Means of Settling Public Sector Union Contracts: A Process with an Image Problem?, 43 U. Tol. L. Rev. 655 (2012).
This article analyzes recent debates in Ohio over binding arbitration in collective bargaining with public employees. After examining the animosity toward such clauses and the reason behind it, the author argues that binding arbitration is not a way for the union to win every time through the resolution of disputes by an outside party. The author concludes that binding arbitration prevents labor strikes and impasse in negotiations.
{44} ARBITRATION—GENERAL
{95} SUBJ MATTER: LABOR—MANAGEMENT (UNION)
{126} REQUIREMENTS: CONTRACTUAL CLAUSES
 
Symeon C. Symeonides, Choice of Law in the American Courts in 2011: Twenty-Fifth Annual Survey, 60 Am. J. Comp. L. 291 (2012).
This article is a survey of choice of law decisions. However, it does discuss a few significant decisions relating to the enforceability of arbitration clauses. These cases include one from the Supreme Court (AT&T Mobility LLC v. Concepcion) and two by the West Virginia supreme court.
{44} ARBITRATION—GENERAL
{79} SUBJ MATTER: CONSUMER

R. Zachary Torres-Fowler, Note, Undermining ICSID: How the Global Antibribery Regime Impairs Investor-State Arbitration, 52 Va. J. Int’l L. 995 (2012)
This article examines how the rapid growth of antibribery laws has impaired the ability of the ICSID to settle investor-state disputes. The article argues that antibribery laws and corruption provides a defense for states in investor-state arbitration.
{44} ARBITRATION—GENERAL
{92} SUBJ MATTER: INT’L
 
Ann Marie Tracey & Shelley McGill, Supreme Court—October Term 2010, Seeking a Rational Lawyer for Consumer Claims After the Supreme Court Disconnects Consumers in AT&T Mobility LLC v. Concepcion, 45 Loy. L.A. L. Rev. 435 (2012)
This article argues that the recent AT&T Mobility LLC v. Concepcion decision cuts off the possibility of class-wide remedy for all consumers in contracts of adhesion.  The authors recommend and discuss possible legislative action to address this issue.
{44} ARBITRATION—GENERAL
{79} SUBJ MATTER: CONSUMER
{103} SUBJ MATTER: PUBLIC UTILITIES
 
Elizabeth Varner, Arbitrating Cultural Property Disputes, 13 Cardozo J. Conflict Resol. 477 (2012).
This article explores issues that an arbitration agreement should address to facilitate resolution of cultural property disputes and further explains how parties can tailor arbitration agreements for maximum benefit in cultural property disputes. The article further explains how parties can lower expenses through the use of arbitration agreements as well as the contents of said agreements.
{44} ARBITRATION—GENERAL
{85} SUBJ MATTER: FAMILY (DOMESTIC REL.)
{124} COMPARISONS: CROSS-CULTURAL
 
Kimberly R. Wagner, The Perfect Circle: Arbitration’s Favors Become Its Flaws in an Era of Nationalization and Regulation, 12 Pepp. Disp. Resol. L.J. 159 (2012).
Arbitration benefits in the international arena are quickly eroding, making way for other types of dispute resolution to replace it as it replaced litigation.
{44} ARBITRATION—GENERAL
{92} SUBJ MATTER: INT’L
 
Nicholas Walter, Religious Arbitration in the United States and Canada, 52 Santa Clara L. Rev. 501 (2012)
The author examines religious tribunals in the United States and Canada as a means of voluntary dispute resolution. The author takes the position that holding religious arbitration agreements enforceable in courts violates constitutional law in both countries and hinders, rather than promotes, religious freedom.
{44} ARBITRATION—GENERAL
{126} REQUIREMENTS: CONTRACTUAL CLAUSES
 
W. Mark C. Weidemaier, Judging-Lite: How Arbitrators Use And Create Precedent, 90 N.C. L. Rev. 1091 (2012).
This article discusses the debate about the role of precedence in arbitration. The author also analyzes how precedence is used by arbitrators and judges and the implications it has on judicial review.
{44} ARBITRATION—GENERAL
{87} SUBJ MATTER: GOV’T
{137} EFFECT OF PROCESS ON NON-PARTICIPATORY PARTIES
 
Maureen A. Weston, The Death of Class Arbitration After Conception?, 60 KAN. L. REV. 767 (2012).
This article examines the implications of Conception on the future of class actions, in court or arbitration, and analyzes the federalism issues at stake in the Court’s interpretation of the Federal Arbitration Act’s preemption of state law.   The article advocates for a narrow interpretation of the decision and the guarantee of a procedural option, which sometimes may include collective action, by which rights can be meaningfully vindicated.
{44} ARBITRATION—GENERAL
{126} REQUIREMENTS: CONTRACTUAL CLAUSES
{128} REQUIREMENTS: STATUTORY OR RULES
 
Deborah A. Widiss, Divergent Interests: Union Representation of Individual Employment Discrimination Claims, 87 Ind. L.J. 421 (2012)
This article disputes some of the findings in Reading Ricci and Pyett to Provide Racial Justice Through Union Arbitration, asserting that a duty of a Union to advance the interests of all its member may ultimately find itself in conflict with vindicating the interests of racial discrimination victims.
{44} ARBITRATION—GENERAL
{94} SUBJ MATTER: LABOR—DISCRIMINATION

Michael Wilson, Note, The Enron v. Argentina Annulment Decision: Moving a Bishop Vertically in the Precarious ICSID System, 43 U. Miami Inter-Am. L. Rev. 347 (2012).
This note describes a decision of the International Centre for Settlements of Investment Disputes (ICSID) in applying its annulment doctrine. Noting that ICSID’s annulment committee may have exceeded its authority, the writer argues that the committee’s holding was nevertheless justified, laudable, and critically important in delineating ICSID jurisprudence.
{44} ARBITRATION—GENERAL
{75} SUBJ MATTER: COMMERCIAL
{92} SUBJ MATTER: INT’L
{146} ORGANIZATION POLICIES & RULES
 
Aaron L. Wells, When “Yes” Means “No”: McCarran-Ferguson, the New York Convention, and the Limits of Congressional Assent, 12 Pepp. Disp. Resol. L.J. 267 (2012).
Parties seeking to enforce arbitration agreements are attempting to exercise their bargained-for rights. Courts should not only rule in favor of enforcing arbitration agreements under these circumstances, but they should abide by the settled principles that the Foreign Commerce Clause and the treaty power establish, so that consistent, just results become the norm when this issue arises.
{44} ARBITRATION—GENERAL
{104} SUBJ MATTER: REGULATORY
 
Jason Webb Yackee, Investment Treaties and Investor Corruption: An Emerging Defense for Host States?, 52 Va. J. Int’l L. 723 (2012)
This article examines Siemens AG’s abandonment of a large arbitral award against Argentina after it was discovered the firm made large bribes to Argentinean officials. The article looks at corruption as a possible defense for investment treaty arbitration and ways to incorporate that defense into treaties.
{44} ARBITRATION—GENERAL
{92} SUBJ MATTER: INT’L
 
Michael J. Yelnosky, Fully Federalizing the Federal Arbitration Act, 90 Or. L. Rev. 729 (2012).
This article examines the belief that the Supreme Court’s interpretation of the Federal Arbitration Act has resulted in a doctrine that does not respect state lawmaking power. Despite legitimate state interests, Congress has the authority to regulate the enforcement of arbitration agreements in interstate commerce. The author argues that a federalized savings clause would result in the creation of a uniform body of arbitration law that effectively addresses major issues.
{44} ARBITRATION—GENERAL
{102} SUBJ. MATTER: PUBLIC POLICY

BOOKS

Vijay K. Bhatia, Christopher N. Candlin & Maurizio Gotti, Discourse and Practice in International Commercial Arbitration: Issues, Challenges and Prospects (2012).
This book addresses the aspects of arbitration that are crucial to maintaining integrity and relevance in the international arena. Examples and opinions are provided from practitioners around the globe.
{44} ARBITRATION—GENERAL
{75} SUBJ MATTER: COMMERCIAL
{92} SUBJ MATTER: INT’L

Richard Chernick, Barbara Reeves Neal & Daniel M. Kolkey, Practitioner’s Handbook on International Arbitration and Mediation (2012).
This book covers aspects of international arbitration and mediation. It is intended to make the reader a better practitioner in international arbitration or mediation. The book is divided into three parts: a general discussion of international arbitration, a general discussion of international mediation, and country specific applications.
{21} MEDIATION—GENERAL
{44} ARBITRATION—GENERAL
{92} SUBJ MATTER: INT’L
Duncan French,  Nigel White& Matthew Saul, International Law and Dispute Settlement: New Problems and Techniques (2012).
This book focuses on the growth and complexity of the increased use of non-state actors to resolve differences through international dispute procedures and other legal mechanisms such as judicial settlement (courts and tribunals), arbitration, and what might be termed “extra-legal” means (international organizations, committees, inspection panels, and ombudsmen).
{44} ARBITRATION—GENERAL
{92} SUBJ MATTER: INT’L
 
Jason Fry, Simon Greenberg & Francesca Mazza, The Secretariat’s Guide to ICC Arbitration (2012).
Effectively a companion guide to the International Chamber of Commerce’s 2012 Rules, this book functions in large part as a “how-to” guide. The book provides analyses of the rules, and gives advice on ICC arbitration proceedings.
{44} ARBITRATION—GENERAL
{92} SUBJ MATTER: INT’L
{75} SUBJ MATTER: COMMERCIAL
{146} ORGANIZATION POLICIES & RULES
 
Sandra D. Grannum, Securities Arbitration 2012 (2012).
This is a compilation of many articles, written by practitioners, dealing with securities arbitration.  The articles deal with FINRA’s (Financial Industry Regulatory Authority) power in 2012.  These articles analyze ethics, prehearing conferences, suitability rules, and discovery guidelines dealing with securities arbitration.
{44} ARBITRATION—GENERAL
{106} SUBJ MATTER: SECURITIES

Grant Hanessian, ICDR Awards and Commentaries (2012)
This book is the first of a regular compilation of arbitration awards in cases administered by the International Center for Dispute Resolution (ICDR) of the American Arbitration Association. It features articles and commentaries by many leading figures in international arbitration ,summaries of important court decisions concerning ICDR arbitration cases in the United States, and the enforcement of ICDR awards outside the United States.
{44} ARBITRATION—GENERAL
{92} SUBJ MATTER: INT’L
{122} SETLEMENT: ENFORCEMENT OF SETTLEMENT OR AWARD
 
Anna C. Korteweg & Jennifer Selby, Debating Sharia: Islam, Gender Politics, and Family Law Arbitration (2012).
This book consists of pieces by several authors regarding the use of arbitration in Islamic families observing Sharia. Specifically, the authors address the growth of the divorce rate in Islamic families living in western cultures. The authors also discuss faith-based arbitration in general.
{44} ARBITRATION—GENERAL
{85} SUBJ MATTER: FAMILY LAW (DOMESTIC REL.)

Mark I. Lurie & Nancy Kauffman, Arbitration 2011: Varieties of the Arbitration Experience: Proceedings of the Sixty-Forth Annual Meeting National Academy of Arbitrators, San Diego, California, May 25-28, 2011 (2012).
This comprehensive book covers a variety of arbitration areas and discusses the topics of the sixty-fourth conference of the NAA.  From arbitration in the context of privacy law to how arbitrators can speak publically, the book reviews a variety of contexts, with particular attention paid to arbitration in the area of labor and employment law.
{44} ARBITRATION—GENERAL

Arthur W. Rovine (Ed.), Contemporary Issues in International Arbitration and Mediation: the Fordham Papers 2011 (2012).
This book covers a wide range of issues with the resolution of international disputes. Articles included in the book cover topics ranging from investor-state arbitration, commercial arbitration, international arbitration generally, and mediation.
{21} MEDIATION—GENERAL
{44} ARBITRATION—GENERAL
{92} SUBJ MATTER: INT’L

Valentina Vadi, Public Health in International Investment Law and Arbitration (2012).
This book examines the question of whether public health is, or should have, any relevance in investment law and policy by analyzing emerging case law of investment treaty arbitration. In analyzing investment treaty arbitration, the author focuses on differences between cultures in international investment law and public health and argues for new methods of reconciling public health and investor rights.
{44} ARBITRATION—GENERAL
{92} SUBJ MATTER: INT’L