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Upcoming Events

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

 

122 – Settlement: Enforcement

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
 
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
 
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
 
Jeremy T. Grabill, Judicial Review of Private Mass Tort Settlements, 42 Seton Hall L. Rev. 123 (2012)
The author examines the role of judges in examining private mass tort settlements and their struggle to apply established principles of judicial authority. The author argues that the well-established maxim that courts lack authority over private one-on-one settlements should apply here as well because each individual party has a decision, that does not affect the rights of absent unrepresented parties, of whether to accept the offered terms.
{1} NEGOTIATION—GENERAL
{122} SETTLEMENT: ENFORCEMENT OF SETTLEMENT OR AWARD

Ron Kendler, Note, Delayed Fight: The World Trade Organization Dispute Settlement Mechanism, Negotiation, and the Transatlantic Conflict Over Commercial Aircraft, 35 B.C. Int’l & Comp. L. Rev. 253 (2012).
This work focuses on the World Trade Organization’s Dispute Settlement Mechanism  (DSM) through an examination of litigation brought by European and U.S. aircraft manufacturing industries. The note highlights the settlement scenarios under the DSM and how parties obtain such negotiated settlements through this channel absent formal litigation.
{1} NEGOTIATION—GENERAL
{75} SUBJ MATTER: COMMERCIAL
{122} SETTLEMENT: ENFORCEMENT OF SETTLEMENT OR AWARD
 
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 SETTLEMENT OR AWARD

S.I. StrongWhat 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

BOOKS

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} SETTLEMENT: ENFORCEMENT OF SETTLEMENT OR AWARD